Renting problem and being kicked out

Aranyani

I think you need to find out who actually owns your home, can you find out on the land registry website?  I don't think housing association staff usually behave this badly. 

x34cha

anselld said:

x34cha said:

pmlindyloo said:

Please read this link from Citizen's Advice which confirms what other posters have said.

What happens if a subtenancy is unlawful? - Citizens Advice

The link says this about if the landlord(fake) tenancy ends with the real landlords. Which it will if they deem it as him breaking the contract:
"  In these circumstances you're regarded as a trespasser and the head landlord doesn't need a possession order to evict you, but they can get one if they choose."
So they can evict me straight away? I need at least a month or two to sort myself and get out. I have read its 6months notice to evict somebody now but I'm guessing that doesn't apply? Obviously I want out way before that. 

The head Landlord can deem whatever they like, however only a Court or a tenant can actually terminate a tenancy.

So if my landlord(the fake one), agreed to end his tenancy with them, would I then become a trespasser and they can legally break in and kick me out? 

x34cha

Aranyani said:

I think you need to find out who actually owns your home, can you find out on the land registry website?  I don't think housing association staff usually behave this badly. 

It's a private landlady supposedly, and she is letting through a housing agency. Not sure what housing association is but don't think that's what she is. 

theartfullodger

Aranyani said:

I think you need to find out who actually owns your home, can you find out on the land registry website?  I don't think housing association staff usually behave this badly. 

Absolutely: Cgeck for £3 with land registry, takes 5 minutes  online..

Assuming this is a flat in a block there may be both freehold & leasehold deeds.  You need the leasehold one if owned by someone other than HA  .  If only freehold see what is says...

https://www.gov.uk/search-property-information-land-registry

x34cha

theartfullodger said:

Aranyani said:

I think you need to find out who actually owns your home, can you find out on the land registry website?  I don't think housing association staff usually behave this badly. 

Absolutely: Cgeck for £3 with land registry, takes 5 minutes  online..

Assuming this is a flat in a block there may be both freehold & leasehold deeds.  You need the leasehold one if owned by someone other than HA  .  If only freehold see what is says...

https://www.gov.uk/search-property-information-land-registry

What will finding this out do for me? I've already spoken to my fake landlord and he said that yes he is renting from them but he thought he was allowed to sublet.. If I believe that or not I don't know.

My real issue right now is just not feeling safe in my own home and that somebody's going to come banging on my door or letting themselves in whilst I'm sleeping. I'm literally anxiety ridden. I need a month or two to sort myself and get somewhere else and be done with it. If my fake landlord ends his tenancy with the real one(or the tenancy just ends because the end date has been reached) will I be considered a trespasser and the police can remove me? If that isn't true, will I get the 6months eviction notice? And I can change locks and just leave in 2 months and let them know? Just when ya think life is going well, you're hit with a bombshell that turns it upside down. 

GDB2222

In practice, the housing association wants you to move out ASAP, with as little trouble as possible. You want to move out ASAP, also with as little trouble as possible. Consequently, you ought to be able to reach agreement with them that you will move out early in the new year. 

When that date comes, you should hopefully have somewhere to move to. If not, explain the situation and say you need a short extension. They will agree, because they want as little trouble as possible. 

In short, you need to overcome your anxiety to the extent needed to deal with the housing association. You should tell them that you don’t want them breaking into your home without your permission. Tell them when you are sleeping. If they genuinely need to get in to inspect the crack, I don’t see why you would need to stop them.

Next time you rent, check the land register to make sure that the landlord actually owns the property.

x34cha

GDB2222 said:

In practice, the housing association wants you to move out ASAP, with as little trouble as possible. You want to move out ASAP, also with as little trouble as possible. Consequently, you ought to be able to reach agreement with them that you will move out early in the new year. 

When that date comes, you should hopefully have somewhere to move to. If not, explain the situation and say you need a short extension. They will agree, because they want as little trouble as possible. 

In short, you need to overcome your anxiety to the extent needed to deal with the housing association. You should tell them that you don’t want them breaking into your home without your permission. Tell them when you are sleeping. If they genuinely need to get in to inspect the crack, I don’t see why you would need to stop them.

Next time you rent, check the land register to make sure that the landlord actually owns the property.

Don't know if it's a housing association or not but I'll check later. I am more than willing to work with them but I don't want them in my home anymore unless it's just the workmen inspecting/fixing the crack. Other than that I don't want anybody in my home. So I need to find out my legal rights to deny them entry for this month or two regardless of if they come to an agreement with me or if the tenancy ends through my "fake" landlord or the tenancy ending itself.. Or If in doing so I will actually be braking a law that could get me into trouble if I don't leave when they tell me too. 

GDB2222

You are not breaking the law by denying access, but it may be counterproductive if you are trying to reduce your anxiety. You obviously need to know whom you are dealing with and what their relationship is to the property. Your landlord can tell you who is letting the property to him. 

Aranyani

x34cha said:h

theartfullodger said:

Aranyani said:

I think you need to find out who actually owns your home, can you find out on the land registry website?  I don't think housing association staff usually behave this badly. 

Absolutely: Cgeck for £3 with land registry, takes 5 minutes  online..

Assuming this is a flat in a block there may be both freehold & leasehold deeds.  You need the leasehold one if owned by someone other than HA  .  If only freehold see what is says...

https://www.gov.uk/search-property-information-land-registry

What will finding this out do for me? I've already spoken to my fake landlord and he said that yes he is renting from them but he thought he was allowed to sublet.. If I believe that or not I don't know.

My real issue right now is just not feeling safe in my own home and that somebody's going to come banging on my door or letting themselves in whilst I'm sleeping. I'm literally anxiety ridden. I need a month or two to sort myself and get somewhere else and be done with it. If my fake landlord ends his tenancy with the real one(or the tenancy just ends because the end date has been reached) will I be considered a trespasser and the police can remove me? If that isn't true, will I get the 6months eviction notice? And I can change locks and just leave in 2 months and let them know? Just when ya think life is going well, you're hit with a bombshell that turns it upside down. 

If I were you I’d be writing to the owner of the flat telling them that you have a legal tenancy, that they need to go through the proper legal channels to end that and that you will be calling the police if they attempt to enter your home without your consent again.  Also that if they continue to harass you this will also be reported to the police. 

GDB2222

Aranyani said:

x34cha said:h

theartfullodger said:

Aranyani said:

I think you need to find out who actually owns your home, can you find out on the land registry website?  I don't think housing association staff usually behave this badly. 

Absolutely: Cgeck for £3 with land registry, takes 5 minutes  online..

Assuming this is a flat in a block there may be both freehold & leasehold deeds.  You need the leasehold one if owned by someone other than HA  .  If only freehold see what is says...

https://www.gov.uk/search-property-information-land-registry

What will finding this out do for me? I've already spoken to my fake landlord and he said that yes he is renting from them but he thought he was allowed to sublet.. If I believe that or not I don't know.

My real issue right now is just not feeling safe in my own home and that somebody's going to come banging on my door or letting themselves in whilst I'm sleeping. I'm literally anxiety ridden. I need a month or two to sort myself and get somewhere else and be done with it. If my fake landlord ends his tenancy with the real one(or the tenancy just ends because the end date has been reached) will I be considered a trespasser and the police can remove me? If that isn't true, will I get the 6months eviction notice? And I can change locks and just leave in 2 months and let them know? Just when ya think life is going well, you're hit with a bombshell that turns it upside down. 

If I were you I’d be writing to the owner of the flat telling them that you have a legal tenancy, that they need to go through the proper legal channels to end that and that you will be calling the police if they attempt to enter your home without your consent again.  Also that if they continue to harass you this will also be reported to the police. 

The person who owns the property may have nothing to do with it. She may have sublet to the housing association.