Can I be thrown out.

Argyll_2

I've been living on and off at my sisters flat for over a year now. My sister told me when I moved in that basically I could stay as long as I wanted until I found my feet and gathered enough money to buy my own place. At the time my sister actually told me I was doing her a favour as she spent most of her time at her partners in Glasgow so at least I was looking after her flat which had a few break in attempts.

I've been actively looking for a house since January this year but I've missed out on a few. Recently my sister has been calling me at strange times in the night asking me how my house hunting was doing but she insisted she wasn't pressurising me to move out and I was welcome to live there as long as I wanted. I must admit she didn't put me at ease as she has a precarious relationship with her partner and a few times she has called me up basically telling me I needed to get out as she was moving back in only to call me the next day apologising. As you can imagine this didn't make me feel very secure living there.

A few days ago my sister called me and had a go at me about something. She was quite rude and I refused to be spoken to in that manner so I hung up. She called me straight back and told me I had a week to get out of the flat! I just shrugged it off as she has a furious temper and can be downright evil at times. However I just opened and email from her basically reiterating what she had said over the phone and accussing me of things that were quite bizarre and I had until 7th May to get out!

Now personally I think it's just her way to move back in as reading between the lines she hasn't been getting on with her partner.

I've always paid her for the rent even though I've lived partly with my parents due to health reasons. however I have no rental agreement. Why would I think I needed one when renting from a member of my immediate family?

I'm getting quite worried as I don't want to be left homeless and I think she is being extremely wicked. I have every intention of moving out but I need to find a place to live first.

I've no place to go right now so I've changed the locks so she doesn't come in and throw my stuff out when I'm at work. I can't believe my own flesh and blood could do this. Where do I stand legally on this, can she throw me out in such short notice?

Remember I live in Scotland.

real1314

So your sister did you a favour and she's evil? I think you need to look at things from her perspective. She did you a favour, she doesn't want to carry on doing you a favour. Her choice really.

I think you need to REALLY look for somewhere else to live.

I also think you are out of order changing the locks.

benood

Agree with real1314 - you need to take responsibility.

PasturesNew

Not sure. Firstly because it's Scotland and secondly because you've not put some facts in there that are needed.

I think the main one is: is it YOUR flat/home, or are you occupying the spare bedroom at your sister's flat? So are you living like a tenant/stranger? Or are you living like a lodger/mate?

Who is paying the bills? Are they in your name?

Or are you simply living at your sister's flat, paying her some rent and paying the bills, but all her stuff's still there and she could turn up and start living alongside you at short notice?

Argyll_2

Personally at real1314 I really can't see where you are coming from. Giving someone one weeks notice for no reason other than just to spite someone is in my book unacceptable. At benood what do you mean take responsibility? Your reading something without thinking about what you are saying.

Perhaps I should have added (although I didn't think it was necessary). My sister actually offered me the flat as she was paying two lots of bills. I accepted as I was waiting to sell my property in England before I could buy here. I was intending to rent somewhere else before my sister suggested I stay here. So we done each other a favour. I think to tell someone they have one week to get out of a flat is totally unacceptable all because I wouldn't be spoken to in a rude manner and put the phone down.

My sister has somewhere to live. She is not going to be left homeless at short notice, I am. As I have said before I am actively looking for somewhere to live but I have been out bid on three properties. I have only changed the locks because I don't know what else to do. You don't know my sister and I do. She will throw my entire belongings out on to the street in a fit of rage. Would any body out there let that happen?

I could understand real1314 and benood's attitude if I refused to pay any bills and was living here free and frankly taking the p**s but that is far from the case.

I don't know what's happened to this forum but it used to be a place where people were friendly and offered advice. Now all I seem to get is hostility and posts where people do not obviously read the entire post and do not seem to answer the question asked.

At pastures new. I am fully living here now. My sister lives about thirty miles away. All my belongings are here. I am living as a tenant. I am paying all the bills. I have a direct debit for the rent paid straight in to my sisters account and have done since Sept 2006. In fact I was actually paying her extra when I initially moved here as I received a relocation allowance from my new job. I offered her half where I could have kept quiet and kept it all for myself She insisted the utility bills stay in her name because it would confuse things. I either call the utility company and pay by automated payment or give her the money.

My sister hasn't set foot in this property for over a year and a half. All her stuff is at her shared home in Glasgow. I could understand if she perhaps said she was moving back in and I had to sleep on the couch but she said I am to get out for no reason other than just being nasty.

Argyll_2

real1314 wrote: »

So your sister did you a favour and she's evil? I think you need to look at things from her perspective. She did you a favour, she doesn't want to carry on doing you a favour. Her choice really.

I think you need to REALLY look for somewhere else to live.

I also think you are out of order changing the locks.

Yes it is but not by giving someone one weeks notice.

Yes as I said in my original post I am actively looking for somewhere to live and have been since January. If I had known this was going to happen i would have found some where ages ago. Haven't you read my post?

Argyll_2

benood wrote: »

Agree with real1314 - you need to take responsibility.

Please explain. What action do you recommend?

tbs624

There’s insufficient info there but basically if you pay regular rent to a member of your family, you may have a common law tenancy, even in the absence of a written agreement. However, depending on whether you have exclusive possession or if rent is simply given on a casual basis you may be classed as a non-tenant occupier. Your sister may need to get a court order to evict you but you might end up paying her costs.

You also don't say whether your sister owns the flat or whether she rents it and you are in effect a sub-tenant?

Family are important and it’s too easy to kick off at those closest to you if you’re both feeling under stress - maybe it’s time to make a determined effort to get your own place. If you don’t have any legal right to live in the flat you are in effect homeless so make an application to the local Council. You should talk to someone at the Shelter Helpline 0808 800 444 (7 days a week 8am to midnight) who can put you in touch with an advice worker/legal help local to you.

PasturesNew

If it were in England, I'd say that you've proven your tenancy by the fact it is your home as a tenant and even though there's no written agreement there's proof in the bank statements.

If you were a tenant in England you would be able to change the locks and you'd have to be given 2 months' full notice that started from the next rent date.

If you were a tenant in England I could tell you that she's not allowed to harrass you and it's illegal. And that you have quiet enjoyment and to even turn up she'd have to give you 24 hours' notice in writing.

Unfortunately, I can't tell you any of that as I have no idea of the Scottish laws. Sorry... somebody will be along soon that lives the other side of the big wall ... and knows stuff!

In the meantime, even if that were the case, if I were you I'd look to fnd somewhere else soonest to rent and just walk out at short notice. Do unto her as she's done unto you and all that.

Good luck!

Ewarwoowar2

Argyll wrote: »

You don't know my sister and I do. She will throw my entire belongings out on to the street in a fit of rage. Would any body out there let that happen?

Why would anybody want to rent a house from such a person?

PasturesNew

Ewarwoowar2 wrote: »

Why would anybody want to rent a house from such a person?

Because life is what happens to you when you're trying to get on.

Things like this easily happen. The OP obviously didn't expect to be there so long for starters, he says he's been outbid (Scotland) on three properties so far. If you think every one is going to be "the one", then you don't go looking round to find another place to rent because it's not easy to find flexible/short-term accommodation at an affordable price. Then things change... like they have.

What starts out looking like a 4-6 week handy stop gap turns into a lifestyle.