Can a landlord "throw" me out without a written contract?

Lord_Frugal12

Hello! 

I have been put in an uncomfortable situation by a landlord. I would like your urgent advice and help. 

 Since April 2023, I have been living in a rented accommodation. It is a small room with a single bed in a house in squalid conditions. The landlord stated a certain amount as a monthly payment. And I had always paid on the first of every month, as requested. And I have done it via my banking app to his personal bank account. And my transactions are termed "Fred Bloggs Rent." (I changed the name of the landlord for obvious reasons). 

 There were no issues until today.  Now, this landlord has used another housemate to deliver the news: "he wants you out as soon as possible... otherwise, he is going to get his relatives and friends and kick you out."

What brought this change? My room does not have a lock. So, when I leave the room (and thus the building), I have found out that this landlord has been going in and snooping. How do I know it? I had left an old smartphone with its audio recorder on the 'on' position. And every night, I have listened to the recordings. I have many instances of this landlord opening the door and saying "oh so gross... I can never sleep here." 

The room smells "gross" because before me, this landlord used this room for his cat. This was an "indoor cat" and it had lived on the single bed. And the cat had urinated and defecated on the mattress for over an eight year period.  The carpet also smells bad. I had a medical when I mentioned all the itching and sneezing I was experiencing here. The nurse told me that it must be due to the effects of the cat's urine and excrement that had been absorbed by the carpet, the mattress and the walls. 

Why did I choose to stay here? This house is in an expensive area of England. And there was no way I could afford to pay £1,200 for one room in an area such as this one. So, when this landlord offered a low price, I took it. 

But, apart from the terrible smell, the room has a window but no blinds or curtains. This makes privacy difficult as well the sunlight that makes it difficult for me to sleep past 4.30 am since April this year. 

and to make things worse, this landlord has a habit of entering my room without knocking and waiting for a response. He will knock and enter at the same time. He won't wait for  a response. So, it became a really anxious experience, even to eat my dinner in peace. So, a few weeks ago, I was eating my dinner and watching YouTube. Suddenly, there was a knock on the door and it opened at the same time. And this landlord entered the room. I was startled. I was left shaking. 

But I did well to stay calm and silent. I chose not to protest as I didn't want the stress of finding another accommodation at such short notice. 

       This week, I told a housemate about most of these things and my grievances against this landlord.  As a result, the landlord has found out how I feel. 

So, he just "wants you out as soon as possible... if you don't, he will get _____ and _______  to kick you out.... And _____ works as a builder, he is big and he will kick you out." 

These are uncomfortable things to hear. 

What I want to know are these things:

1. Can a landlord "kick" me out without any written notices?
2. Can this man be called a 'landlord' as he did not give me a written contract? There is no written evidence of his being a landlord and my being a tenant. Yet, my proof if the payment of monthly rent via my banking app. 
3. What would happen if he got third parties to "kick" me out? 
4. What would happen if he called the police? Can the police ask me to vacate the property? Does the police have any legal powers?
5. What can I do about this landlord snooping in to my room whenever I am not in?


I understand that some of these incidents might seem unbelievable in a country such as the UK in the year 2023. But, I have experienced these things since April 2023. And it is my 140th day in this place. I am counting the days as a way to motivate myself to improve my circumstances so I can find a safer, healthier place to live. 

I would really appreciate your help and advice. In the past, many members of this forum have been amazingly helpful when I really needed your opinions and knowledge. So, I am hoping to  find the answers and suggestions for those questions. 

Thank you so much in advance. 

     
  

Mstty

It sounds like you may be a lodger renting one room or in an HMO.

What do you believe is the status is of you living there?

Also weren't you buying a flat?

https://forums.moneysavingexpert.com/discussion/6447598/a-flat-with-109-years-remaining-as-lease-worth-paying-the-asking-price/p1

Lord_Frugal12

Mstty said:

It sounds like you may be a lodger renting one room or in an HMO.

What do you believe is the status is of you living there?

Also weren't you buying a flat?

https://forums.moneysavingexpert.com/discussion/6447598/a-flat-with-109-years-remaining-as-lease-worth-paying-the-asking-price/p1

Yes, I am in the final stages of buying a flat. The seller's side faced some challenges. This had delayed my plans to leave. Now, I am waiting anxiously to hear news of the seller's decision. 

Anyway, back to my current situation... the word 'lodger' was used by the landlord. But there are no written contracts. 

Lord_Frugal12

[Preceding post deleted by Forum Team]

@fuzzything
Thank you so much for this detailed response. And I have never used ChatGPT4. But, going by this response, it has given me so much comfort.    

BobT36

I wouldn't trust ChatGPT, it's focusing on "Landlord" and "Tenant" laws. From what I've seen on here, being a Lodger (renting a room in your Landlord's house, who's also living in it) is a VERY different situation with different laws and greatly reduced protections. If that is your situation, I'd spend a lot of time looking this up. 

hazyjo

Agree with BobT. If it's a room in your landlord's house and he also lives there, you're (extremely likely) a lodger with very limited rights.

Suggest you look at spareroom.com for somewhere else ASAP. Perhaps do what most of us do and live further out in a cheaper area and commute. Sounds like it's only going to be for a short while if you're buying.

propertyrental

You need to clarify here exactly what your status is. It makes no difference what the LL calls it, and the lack of a written contract also makes no difference.

Does the LL live in the same property, and do you share any facilities with the LL eg kitchen, bathroom etc?
If yes, you are almost certainly a lodger, not a tenant. You have few rights and little protection. To evict you (throw you out) the LL does not need to go to court, but he must give you 'reasonable notice'. In most cases this could be a week. But the notice must come from him, not a message from another lodger!

If no, you are probably a tenant, with many rights based on various Housing Acts and Landlord & Tenant Acts. To evict you he must give you a S21 Notice, wait 2 months, and then ask a court to evict you. Anything else would be an illegal eviction which is a criminal offence.

To check your status further see 
https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_checker

Shelter's website also has information about your rights in various circumstances.

Mstty

Lord_Frugal12 said:

Mstty said:

It sounds like you may be a lodger renting one room or in an HMO.

What do you believe is the status is of you living there?

Also weren't you buying a flat?

https://forums.moneysavingexpert.com/discussion/6447598/a-flat-with-109-years-remaining-as-lease-worth-paying-the-asking-price/p1

Yes, I am in the final stages of buying a flat. The seller's side faced some challenges. This had delayed my plans to leave. Now, I am waiting anxiously to hear news of the seller's decision. 

Anyway, back to my current situation... the word 'lodger' was used by the landlord. But there are no written contracts. 

Thanks for clearing that up. As a lodger you have few rights.

Do you have somewhere you can go temporarily til your house purchase completes?

Out of interest are you suggesting you are using the urine mattress?

400ixl

Do not use ChatGPT for this sort of thing, you need to be extremely precise with the prompting and then the response can be full of bias or misinformation.

It is dangerous to using it to respond to people as you can be so far off the mark.

Establishing whether you are a lodger or tenant is the first key step.

theartfullodger

In England neither a lodger nor tenant legally requires a written contract (bonkers i know, come on England catch up!).

So kinda yes, but if either a lodger or tenant there are procedures landlord has to follow.

Key thing is does LL actually genuinely live there all the time you've been there,  If not you are a tenant.  

Landlords can and have gone to jail and been fined for illegal eviction. Quite right too IMHO! ) I'm a landlord since 2000)

No offence but agreeing to no written agreement is a bad start.  SINCERELY hope you are more sensible over planned purchase (or you might end up paying for it but not being owner..)

Good luck..

theoretica

How many separate people live in this property?  Once someone has three or more lodgers the HMO requirements apply (House in Multiple Occupation) and it seems likely that they aren't being met, which could be serious for your landlord.  Of course getting your landlord into trouble doesn't mean you get a quiet life...