Sham agreements so that landlord can abuse tenants by exiting them without being bound by AST terms

RAS

If you are in London, check out Ben Reeve-Lewis and Safer Renting. 

theartfullodger

Why did you agree to a sham agreement?  

Do you think your esteemed Landlord  is declaring all his rent income to HMRC?  Perhaps mention to him you do wonder......

propertyrental

F37A said:

thanks all

It doesn't say AST on contract. It says tenancy agreement.  It says "right to occupy the proeprty until expiry" Landlord can end tenancy if tenant fails to carry out responsbilities or goes bankrupt.

One month rolling contract. One month notice in contract but haven't been given formal notce but informally told to get out by certain date like 2 or 3 weeks.

https://england.shelter.org.uk/professional_resources/legal/renting/introduction_to_security_of_tenure/sham_tenancy_agreements

LL doesn't live in property. 

Thanks

It makes no difference what the document says. What matters are the facts. That's why the tenancy checker is the place to start.

Once you establish whether there is in fact a tenancy, or something else, you can then look at your rights, and what the landlord has to do.

Note that if it is a tenancy, in England, illegal eviction is a criminal offence

Protection from Eviction Act 1977 

F37A

Grizebeck said:

Who told you to get out?
How did they tell you
In any case you have not been given proper notice
I would first of all be changing locks
Record the events as you describe and call the police if they attempt an illegal eviction 

landlord told me. Given letters naming landlord delivered to address (landlord does not live at address) do you think its consent to let or by to let he doing.
thanks will do.

F37A

theartfullodger said:

Why did you agree to a sham agreement?  

Do you think your esteemed Landlord  is declaring all his rent income to HMRC?  Perhaps mention to him you do wonder......

letters addressed to landlord are coming to house and the landlord has never lived at address whilst i been there and property was bought by landlord two months after i moved in.

F37A

theartfullodger said:

Why did you agree to a sham agreement?  

Do you think your esteemed Landlord  is declaring all his rent income to HMRC?  Perhaps mention to him you do wonder......

theartfullodger said:

Why did you agree to a sham agreement?  

Do you think your esteemed Landlord  is declaring all his rent income to HMRC?  Perhaps mention to him you do wonder......

Didn't realise it was sham, guess i was in love with property. if letters addressed to landlord coming to property then wonder if it is FTB with consent to let OR btl but can't be if property bought a few months before i moved in and landlord not lived in property whilst i have been there.

F37A

propertyrental said:

F37A said:

thanks all

It doesn't say AST on contract. It says tenancy agreement.  It says "right to occupy the proeprty until expiry" Landlord can end tenancy if tenant fails to carry out responsbilities or goes bankrupt.

One month rolling contract. One month notice in contract but haven't been given formal notce but informally told to get out by certain date like 2 or 3 weeks.

https://england.shelter.org.uk/professional_resources/legal/renting/introduction_to_security_of_tenure/sham_tenancy_agreements

LL doesn't live in property. 

Thanks

It makes no difference what the document says. What matters are the facts. That's why the tenancy checker is the place to start.

Once you establish whether there is in fact a tenancy, or something else, you can then look at your rights, and what the landlord has to do.

Note that if it is a tenancy, in England, illegal eviction is a criminal offence

Protection from Eviction Act 1977 

Thanks - using the tenancy check it looks like AST even doesn't say on the tenancy itself.

theartfullodger

F37A said:

theartfullodger said:

Why did you agree to a sham agreement?  

Do you think your esteemed Landlord  is declaring all his rent income to HMRC?  Perhaps mention to him you do wonder......

letters addressed to landlord are coming to house and the landlord has never lived at address whilst i been there and property was bought by landlord two months after i moved in.

In that case you have an AST (assured shorthold tenancy).  Landlord needs to serve a valid notice before court then bailiffs.  Any s21 notice would be invalid due to missing paperwork from start because landlord was fiddling 
.
Look at Shelter's website for guidance.  In particular (but there's way more)
https://england.shelter.org.uk/professional_resources/legal/renting/tenancy_status_checker

Best wishes, good luck 

Artful: Landlord since 2000

Grizebeck

Maybe post up the letters (redacted)
I would write to the Landlord telling him you wont be leaving as per his note and any illegal eviction will result his arrest and prosecution in the magistrates court under the Protection from Eviction Act 1977.
You need to get your ducks in a row over this

FreeBear

Grizebeck said: I would write to the Landlord telling him you wont be leaving as per his note and any illegal eviction will may result his arrest and prosecution in the magistrates court under the Protection from Eviction Act 1977.

ftfy. Not an absolute that the LL would get arrested and/or prosecuted.