Renting problem and being kicked out

Caz3121

if you would want to stay...... have you considered asking whether a direct tenancy is a possibility? (removing the fake landlord from the equation)

Aranyani

GDB2222 said:

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. 

I don’t think it is a housing association, reading back the OP says ‘housing agency’ so probably just your bog standard clueless and unprofessional letting agent.

x34cha

Aranyani said:

GDB2222 said:

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. 

I don’t think it is a housing association, reading back the OP says ‘housing agency’ so probably just your bog standard clueless and unprofessional letting agent.

Yup, that. 

I should also mention I don't have a contract with my fake landlord, it was just a verbal agreement. Does this change anything?

Can I still lock them away, crawl up in a corner and hide for 2months? 😅

Salemicus

You do have a contract with your "fake" landlord. It's just not written down. 

greatcrested

1) have you changed the locks yet? This is the 1st thing to reduce your anxiety. See link below

2) have you paid £3 to find out who owns the property yet? Buy the leasehold title here.

3) but it appears your 'landlord' is renting from 'someone', (perhaps the owner? See 2 above), and subletting contrary to his tenancy agreement

4) the 'owner'/head landlord is using a letting agency, - there is no Housing Association involved

5) It's possible your (illegal) 'landlord' does not have an AST. An AST is only possible when the tenant uses the property as their residence. Your 'landlord' does not live there so does not have an AST. If so, his tenancy can be ended more easily.

6) if the (illegal) landlord's tenancy is ended, you become a trespasser as per he Shelter advice.

7) However I'm not sure what legal impact there is by you having an AST and living there.... Speak to Shelter

But for now - change the locks.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=V1WP3o4jAFc

x34cha

greatcrested said:

1) have you changed the locks yet? This is the 1st thing to reduce your anxiety. See link below

2) have you paid £3 to find out who owns the property yet? Buy the leasehold title here.

3) but it appears your 'landlord' is renting from 'someone', (perhaps the owner? See 2 above), and subletting contrary to his tenancy agreement

4) the 'owner'/head landlord is using a letting agency, - there is no Housing Association involved

5) It's possible your (illegal) 'landlord' does not have an AST. An AST is only possible when the tenant uses the property as their residence. Your 'landlord' does not live there so does not have an AST. If so, his tenancy can be ended more easily.

6) if the (illegal) landlord's tenancy is ended, you become a trespasser as per he Shelter advice.

7) However I'm not sure what legal impact there is by you having an AST and living there.... Speak to Shelter

But for now - change the locks.

https://www.youtube.com/watch?v=VXAo7zSN-9o

https://www.youtube.com/watch?v=V1WP3o4jAFc

Okay so worst case if we assume that I can no longer stay there and everybody's tenancy is ended, do I still have the right to stay there and will be given an eviction notice period? Whether that be a month or 6months? Or if the tenancy is ended would bailiffs be on my door on the day? Don't they need to still go through a court process and notices before they can remove me? I know this is annoying for the actual landlord who has done nothing wrong, but neither have I. If I get kicked out, I'm going to be living on the streets and as a single male, I'm not going to be on high priority for the council. 

greatcrested

https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/what-happens-if-a-subtenancy-is-unlawful/

If your landlord's tenancy ends and none of the circumstances explained above apply to you, the head landlord can evict you quite easily. 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.

https://england.shelter.org.uk/legal/security_of_tenure/subtenancies/subtenancy_assured_and_assured_shorthold_tenant

It is a requirement of an assured tenancy that the tenant 'occupies the dwelling house as her/his only or principal home',[1] which means that assured status is likely to be lost if the whole of the property is sublet.

Aranyani

Stay put, change the locks.  

x34cha

greatcrested said:

https://www.citizensadvice.org.uk/housing/renting-a-home/subletting-and-lodging/subletting/what-happens-if-a-subtenancy-is-unlawful/

If your landlord's tenancy ends and none of the circumstances explained above apply to you, the head landlord can evict you quite easily. 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.

https://england.shelter.org.uk/legal/security_of_tenure/subtenancies/subtenancy_assured_and_assured_shorthold_tenant

It is a requirement of an assured tenancy that the tenant 'occupies the dwelling house as her/his only or principal home',[1] which means that assured status is likely to be lost if the whole of the property is sublet.

Well, guess I'm buggered then, will have to try and ask them to let me stay for a month or hit the streets. 

diggingdude

I saw a comment about checking the land registry before renting another property. Personally I feel that would be throwing money away. How many people actually do that?
However, next time rent with a written contract as it makes your life easier