Evicted by family member - where do we stand?

Staceyk_88

Hi everyone

I currently live with my husband and 3 children in my mother-in-law’s house. Due to our relationship breaking down with the mother-in-law and her not wishing to continue the tenancy on her private rented house we have been served with a notice to leave the property on the date her tenancy ends and she has to hand back the keys. 

We are currently paying her half her rent and it was working between us for a few years.  We are not in a position to take over the tenancy From her as our financial situation does not allow us to be able to afford such a large property. My husband lost his job due to the pandemic and I only work 20 hours a week at minimum wage. That also makes it very hard for us to be able to afford deposits and fees on a different private rented property as it hit our finances hard and we are still not completely recovered. 

In terms of council housing where do you think we would stand? The tenancy is solely in my mother-in-law’s name, we are just permitted to stay here with her. I’ve applied for social housing as of the 20th July when we got our notice but it’s still status pending at the moment. Our deadline to leave is 15th September and I’m starting to get pretty nervous about it.

My mother believes that the council will tell us to stay in the property until we are served a court order but technically the property is in my mother-in-law’s name so would they have to give her one, even though she will not be living here? 

It’s just all so confusing and I’ve never been in this position befor so I would really appreciate any advice on where we stand and what might happen.

thank you in advance x

Angela_D_3

Not served a court order, you must stay until the bailiffs turn up otherwise you've made yourself homeless in the councils eyes.   You'll then have a few crap months - i told my kids we were on a holiday and it was a hotel (B&B) but you'll put it behind you and a council house sounds like a good bet for you.

[Deleted User]

Agreed.., it won't be fun initially and the eviction process is always stressful.  The council may offer you a loan to cover the deposit and first month's rent (whether this happens depends on the council's policies) but LL's don't always like taking tenants on benefits so it still might be difficult and you would have to top up any rent not paid by the HLA assessment.  Its often less than private rents in an area.  But might be less than what you are already paying.

I think the fact that you can't move out (as will make yourself involuntarily homeless) but the tenancy isn't in your name could cause additional difficulties.  Phone Shelter for advice about this, even if it takes some time.  Or email them with a question.

I wish you well.

macman

Does or has your MIL lived in the property with you? If she still lives there, then you are not tenants but lodgers, with very few rights of occupation. You won't need to be evicted, because you have no tenancy rights.
If not, then you appear to be sub-tenants. Does your MIL's tenancy agreement allow her to sub-let? Is your rent in arrears?

Slithery

Angela_D_3 said:

Not served a court order, you must stay until the bailiffs turn up

Why would bailiffs be needed? They're lodgers not tenants so the MIL can just lock them out of the property as she has given 'reasonable notice'.

[Deleted User]

I would strongly advise you contact shelter, establish you status so you know what to say to the council.

Staceyk_88

macman said:

Does or has your MIL lived in the property with you? If she still lives there, then you are not tenants but lodgers, with very few rights of occupation. You won't need to be evicted, because you have no tenancy rights.
If not, then you appear to be sub-tenants. Does your MIL's tenancy agreement allow her to sub-let? Is your rent in arrears?

Yes MIL lives in the property with us. We moved into the property with her and simply paid her half the rent which the landlord gave permission for her to do as we are family. She is moving out the property and we will have to along with her. 

macman

You are not on the tenancy agreement, you are not tenants; you are lodgers. You can stay for as long as the tenant allows you to. If an eviction notice is issued, it will have MIL's name on it, not yours. The LL doesn't have to evict you, he can just ask you to leave and use reasonable force to make you do so.
The only way you can legally sit tight is if your MIL also stays put and waits to be evicted, which at present could take anything from 5 to 8 months.
No-one can tell you what your prospects for social housing are, you need to speak to your LA's housing dept. 

Robbo66

As you are permitted Occupiers you have no tenancy rights so should you not move out but MIL does then it will be deemed that she hasn't given possession and will remain liable for the rent till you do. Any court action will be taken against your MIL and she could then be liable for court costs as well.

https://www.ezylet.com/news-advice/170-landlord-guide/1954-permitted-occupiers-pros-and-cons-for-landlords-and-tenants

Staceyk_88

Thank you all for your replies.
We've been to our loal council and are now on the housing register under band 2. MIL is still adamant that we must leave when the tenancy is up but I'm worried if we do then it will be seen as leaving our own accord by the council and forfeit any help. She says she will happily put our belongings on the curb and change the locks befor handing the keys back to be seen as forcibly removing us but anxiety tells me the council might point out that would require us to sit and allow her to do that.
Just so tired of all the uncertainty but the council say theres nothing more we can do until we are actually homeless. All we can do in the mean time is bid and hope to get an offer with just under a month till the end of the tenancy.

AskAsk

as others have said, your in law can evict you now with reasonable notice.  so you don't have to wait for the bailiff to come as you are not a tenant but a lodger of your in law.  she can just write a letter and say she is evicting you and off you go.  you can see from the link below
https://england.shelter.org.uk/housing_advice/eviction/eviction_of_lodgers_and_other_excluded_occupiers