Can I be thrown out.

Argyll_2

Ewarwoowar2 wrote: »

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

Because she's my sister and I keep forgiving her for things she's said and done. I suppose everybody gives a bit more leeway to their family. Not this time however she's gone too far.

silvercar

Before this weeks row, did your sister come and go when she pleased? You say in your first paragraph that she spent most of her time in Glasgow, implying that she has not fully moved out.

I would therefore conclude that your status is more like a lodger and therefore you have fewer rights.

If you are a tenant without a written contract, it is effectively a periodic tenancy and your landlord can serve a section 21 notice on you to quit; this would give you 2 months notice ending on a rent day.

Really whether you or your sister have anywhere else to licve is irrelevent to your rights; though relevent to family harmony.

Argyll_2

PasturesNew wrote: »

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.

Exactly! I have quite a bit of cash to put down on a house but this offers over malarky up here has had me beaten on 3 different occasions and I don't want to live beyond my means and bidding more on what i can afford.

Renting a place normally requires a 6 month contract. It would have been crazy to sign up to a 6 month contract only to move out in to a house about 6-7 weeks later andIi would still be legally obliged to pay for the full 6 months rent which would equate to about two grand!

This is stating the bleeding obvious but some posters here make comments without knowing what they are talking about. It's good to know pastures new that someone knows what they are talking about and can post factual comments without posting their own opinions and not actually answering my question.

Argyll_2

silvercar wrote: »

Before this weeks row, did your sister come and go when she pleased? You say in your first paragraph that she spent most of her time in Glasgow, implying that she has not fully moved out.

I would therefore conclude that your status is more like a lodger and therefore you have fewer rights.

If you are a tenant without a written contract, it is effectively a periodic tenancy and your landlord can serve a section 21 notice on you to quit; this would give you 2 months notice ending on a rent day.

Really whether you or your sister have anywhere else to licve is irrelevent to your rights; though relevent to family harmony.

I don't really know if she spent some time here as I lived down in England at the time and I only spoke to her now and then. However she was still in the early days of her relationship so it was hard to tell but when I did speak to her she was always at her partners. I know her partner had asked her to move in fully with her around the time I was moving back up so as I said we had done each other a favour. I think she would have moved to Glasgow anyway regardless of whether i was moving in or not.

I have no objection to moving out but I just need a bit more time. Giving me 7 days is bang out of order in my opinion.

Another one who knows what they are talking about...thank you.

*Louise*

OP - can't you move back in with your parents for a while while you're looking? You say you've lived partly with them

Tbh, I think your sister is just making problems for herself - she is now going to have to start paying for an empty flat again until she can sort something else out.

Ps - hope you give her the key for the new locks....;)

Argyll_2

tbs624 wrote: »

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.

Thanks for the sound advice. My sister rents the flat from a private housing association. I pay her rent via bank direct debit on the 1st of every month and have done so since Sept 2006 even when I was convalescing at my parents home for a few months. However I have exclusive possession of the flat. She never entered the flat since I took it over in Sept 2006.

I understand your comments about making a determined effort to get a place but believe me I have. The property market here in Falkirk is still thriving despite what's happening in the rest of the country. I keep getting involved in a bidding war and lose out. I was heavily mortgaged when I lived in England and I got in quite a considerable amount of debt and I'm not going to let it happen again.

Oldernotwiser

Reading your original post it sounds to me as if your sister has been asking you to leave for sometime but you've not been listening to what she says. After a period of hints and suggestions it seems as if she's finally got fed up and given you an ultimatum. I agree that a week's not enough time but I also think that you have no right to change the locks on your sister's flat.

Argyll_2

*Louise* wrote: »

OP - can't you move back in with your parents for a while while you're looking? You say you've lived partly with them

Tbh, I think your sister is just making problems for herself - she is now going to have to start paying for an empty flat again until she can sort something else out.

Ps - hope you give her the key for the new locks....;)

Louise I have thought about this but without going in to detail it would be virtually impossible.

I agree my sister has made problems for herself but that's her look out. She's the kind of person that would cut her nose off to spite her face. She asked to borrow £5000 from me about two months ago but I explained that I have it in a notice account and the money is for buying a home and I would need every penny I have. She wasn't pleased at this and she sent me another nasty email expressing her annoyance that I wouldn't lend her this money. It wasn't a case of I wouldn't but I couldn't. She is the youngest in the family and has always been spoiled.

She even said in yesterdays email that she fully expects me to wreck her flat before I leave! I have never given her any indication that I would do such a thing and this is not in my nature and never has been. I can't understand and I do not of anybody that would do such a thing.Perhaps she is judging me by what she would do I don't know.

She's changed a lot over these last couple of years. She's always looking for an argument and you can see the venom in her eyes when she's trying to start one.

I fully intend to hand the flat back in the good state I got it in and she will get all keys back. The only reason I have done it is because as I've mentioned I don't want to come home and find my property outside.

bikerqueen

so you're subletting a rented flat?

do the housing association know?

Argyll_2

bikerqueen wrote: »

so you're subletting a rented flat?

do the housing association know?

No....................................