Can I be thrown out.

bikerqueen

ah....

I have a feeling that may make this more straightforward but someone more informed will let you know i'm sure.

Argyll_2

Oldernotwiser wrote: »

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.

No! read it again particularly the part where I told you she said "I was welcome to live there as long as I wanted".

So what do you suggest? I put the original lock on and let her throw my stuff out on the street because there's no way I'll find a place before Wednesday.

Thanks for your input though.........no seriously!

bikerqueen

http://scotland.shelter.org.uk/advice/advice-2455.cfm

bikerqueen

"If the head tenant was subletting to you without their landlord's permission, the landlord may not consider that you have any rights."

which is the position you are in i believe.

tbs624

silvercar wrote: »

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.

Silvercar -the OP is in Scotland S21 Notices under the Housing Act apply to England and Wales. In Scotland the forms that have to be served include an NTQ, and AT6 (notice under s19 Housing (Scotland) Act 1988) and they have different timings to a S21.

Argyll_2

bikerqueen wrote: »

"If the head tenant was subletting to you without their landlord's permission, the landlord may not consider that you have any rights."

which is the position you are in i believe.

I don't know if she has informed them. I suspect not as she has insisted all bills remain in her name. I've asked her to put the council tax in my name which I pay her for but she gave me some excuse why I couldn't.

PROFESSIONAL_LANDLORD

Messy! your sister can't evict you, not without a possession order, the only place that can be obtained is a Sherrif Court, and that will take at least a couple of months. Your sister might contact the police but they won't be interested in an 'informal tenancy' or family squabble, sherriff officers [baliffs] have no power without the sanction of a court.

If you didn't leave and were taking to court, your sister would probably be successful in your removal, and you would be 'papped oot'.


The arrangement which was 'handy' for both of you at the time will now turn more bitter day by day, not an ideal situation, looks like your outa there no matter what. Might be an idea to try and negotiate a 3 months lease on a rented property with a LL/EA, it could easily take that long to purchase a property with your entry date.

PasturesNew

She won't have informed the Housing Association as most likely it is completely illegal for your sister to sub-let to you or anybody else and they would terminate her tenancy.

So legally, it might be that you're on a sticky wicket with zero rights.

Maybe it's best that you try to move on.

Have a word round your new place of work, see if anybody's got anywhere you can rent on a flexible basis as you're looking for a house. Also, it's worthwhile looking for a private landlord and just be open and say why you're looking for a tenancy without a long tie in. It might even suit some people.

Have a word with the estate agents you're dealing with, they might know of somebody who rents on a short-term basis either privately or through their services.

You might have to look into renting a room. Or perhaps cutting a longer term deal with a B&B or small hotel. They can cut some quite cheapish rates in some areas for longer-term rental. Especially if you say "how about no breakfast and cleaning/linen changes just once a week"

Good luck!

PROFESSIONAL_LANDLORD

She won't have informed the Housing Association as most likely it is completely illegal for your sister to sub-let to you or anybody else and they would terminate her tenancy.

So legally, it might be that you're on a sticky wicket with zero rights.

Maybe it's best that you try to move on.

Yeah, absolutely, but he can't be evicted at will.


Thought it was only me that was awake at this time;)

Snooze

Argyll wrote: »

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.

Are you for real? :rolleyes:

You are another of the tell-me-what-I-want-to-hear brigade.

Personally, if you'd replied to my response like that I would've told you to shove your problem up your !!!!, you ungrateful !!!!. When people take the time to reply it's courteous to thank them, not throw it back in their faces. :rolleyes:

And for what it's worth, you need to wake up and smell the coffee :

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

No, of course she wasn't! She just felt like phoning you in the middle of the night for the fun of it!! :rolleyes: How much bigger a hint do you need, !!!!!!? :rolleyes:

There's an old saying - "never bite the hand that feeds you" and this is a perfect case of when it should applied. Your sister was under no obligation or otherwise to let you doss in her flat and was kind enough to let you do so because you had nowhere else to go. Regardless of what "rights" you think you have to stay there, the simple fact remains that it was only a temporary measure until your sister got fed up and changed her mind, and that's exactly what she's done because you've "bitten the hand that feeds you" and now she wants you out. You should take some lessons in learning to keep your mouth shut when you're getting a very good deal.

As for changing her locks so she can't get in - well, if you'd done that to my flat you wouldn't have 7 days to get out, you'd have 7 seconds plus a smack in the chops plus the bill for putting them back as they were. Who, exactly, do you think you are? :rolleyes:

Rob