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

m0bov

Nobody can offer any advice until we know for sure, does the LL live at the property?

Herzlos

Legalities aside, it sounds like it's really in your interest to get out of there and live somewhere with better conditions. An old mattress is bad enough, but one covered in old cat urine is horrible.

How far away are you from potentially moving into the new place? Can you find somewhere else to stay temporarily in the mean time? Friends, hotels, etc?

It honestly sounds like you're probably better off in a homeless shelter - it'll at least be clean.

Lord_Frugal12

propertyrental said:

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.

Thanks for this response. 

Answers to your questions for clarification:

The landlord lives in the same house.
We share the kitchen and bathroom.

Lord_Frugal12

Mstty said:

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?

Thanks for this response. 

I do not have anywhere to go unless I go to a hotel. That is an expensive option as I am saving all the money I can to start a new life in this new flat in a cheaper area. 

And yes, I have to sleep on the mattress that was the cat's bed for eight years. When the weather is too warm, the room smells much worse than usual. And I had to sleep with a mask from the Covid times!   

Lord_Frugal12

theartfullodger said:

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..

Thanks for this response. 

Answer to your question:
The landlord lives here permanently. 

Regarding my purchase of a flat: I am using the best rated conveyancing solicitor for it. Why did I move in here in April 2023 without a written contract? It is a long story that I will share here when I move to my own property soon. All I can say is that I am  a UK citizen who went to live abroad. And in that country, I was given a death threat. So, I had to escape back to the UK. When I came back to the UK, I had no place to stay. So, a man offered his small room which had been used as a room for his cat. But, he had to get rid of the cat as it was worsening his lung problems. So, I got to live here. 

I took it as it was cheaper and hoped the conveyancing process could be quick. But, I am in Week Ten of this process. So, it is going as fast as the third parties in the transaction can go. But due to the upcoming bank holiday weekend, I am facing more delays from the seller's landlord who is taking time to sign a Deed of Variation. 

Anyway, I just wanted to clarify that I am being careful with the house purchase. This temporary accommodation came out of a desperate need to find somewhere to live when charities offered no help.      

hazyjo

What area are you in? There are 50-odd spareroom.co.uk ads for Zone 1 in London, and that's if I added a max stay of 2 months. Also chose the 7 days a week option.

You are a lodger. Yes, the LL can evict pretty much immediately.

I hope you at least added a mattress protector, I can't believe you've slept on the mattress - I'd rather have bought a cheap temp one or slept on the floor. Was that really your best option? Anyway, a moot point now. Hopefully you'll find something better, albeit temporarily.

Lord_Frugal12

hazyjo said:

What area are you in? There are 50-odd spareroom.co.uk ads for Zone 1 in London, and that's if I added a max stay of 2 months. Also chose the 7 days a week option.

You are a lodger. Yes, the LL can evict pretty much immediately.

I hope you at least added a mattress protector, I can't believe you've slept on the mattress - I'd rather have bought a cheap temp one or slept on the floor. Was that really your best option? Anyway, a moot point now. Hopefully you'll find something better, albeit temporarily.

Thank you so much for checking spareroom.co.uk 
I am in Hertfordshire. But, I can certainly move anywhere within a certain budget. I had been living with just suitcases and two backpacks. 

Mattress:
Why did I sleep on it? Well, I covered it with two fitted sheets. But, not a mattress protector. Sleeping on the floor was not an option  as the room is really small and cramped with the landlord's furniture. To make tings worse, the carpet of   cat's urine. The landlord had allocated this room for the cat and did not look after it. (By 'it', I mean the cat as well as the room!).

As soon as I have a shower, I have to get out of this house as the clothes and skin might absorb the stench of this room. 

The other reason is that I have lived in Third World countries with worser living conditions during civil wars. So, I tolerated the room stinking of cat's urine and many other problems. 

Anyway, thanks again for your response. I will find a way out of what I had termed the Cat !!!!!!* Purgatory. (Even the bathroom has a serious damp problem.)

* It is a word that rhymes with the word 'hiss' for cat's urine. 

Herzlos

It's still summer and warm, if you've got virtually no stuff and not tied to a location, I'd be tempted to buy a tent and go stay at a campsite somewhere nice for a few weeks. It could cost you at little as about £5/night for the pitch, and you'll still be in a better condition with a clean and private space.

How much are you paying to rent a cat pee room?

deannagone

Before all this went even more wrong (LL coming into room etc) if you had googled how to get rid of cat pee smells on carpet and mattress you would have found there are ways to clean both (I have used biological washing liquid in water, you can also use white vinegar and bicarb of soda).  I don't think there are any circumstances that could make this bearable for me.., besides cleaning the room lol. Or you could have bought a cheap second hand mattress for very little money.  

I am afraid I agree that you are a lodger and there's not a lot you can do at this stage.  I have on occasion been forced to live in 'not so nice' properties when young and penniless.., cleaning is something you can do whatever the circumstances.  It would have helped, even if you shouldn't have had to do it.  I have definitely had to get on my hands and knees to clean floors/carpet and used towels to reduce the water.  I've even lifted carpet and scrubbed floor boards to get rid of animal odours.  Desperation and lack of money can be drivers to deal with these things whatever way you can.

I hope the situation improves.  

If you are trying to buy a place, one would hope you could find a way to rent another cheap room somewhere short term.  Even out of the area you are in if you have no other choice (cheaper area).  I've done all this so it can be done. Work with what you have if resources are limited.  I am sorry if I sound unsympathetic, I am just trying to help you see that you still do things to improve situations.

But to be honest, now the situation is how it is, I'd do whatever I could to find somewhere else to live.  I don't think there is a lot of choice.

Lord_Frugal12

Herzlos said:

It's still summer and warm, if you've got virtually no stuff and not tied to a location, I'd be tempted to buy a tent and go stay at a campsite somewhere nice for a few weeks. It could cost you at little as about £5/night for the pitch, and you'll still be in a better condition with a clean and private space.

How much are you paying to rent a cat pee room?

This is a good suggestion if I had not much stuff. I am living off two suitcases and three backpacks.