Can I be thrown out.

Snooze

Looks guys, just give it up. Argyll clearly isn't taken any notice whatsoever of the advice s/he's already been given. You're banging your heads against a wall.

:rolleyes:

real1314

Snooze wrote: »

Looks guys, just give it up. Argyll clearly isn't taken any notice whatsoever of the advice s/he's already been given. You're banging your heads against a wall.

:rolleyes:

Funny that OP says the sis hasn't phoned in the middle of the night in one reply, but said "Recently my sister has been calling me at strange times in the night" at the start?
If you're gonna make up a story, at least be consistent. Unless "strange times" are perhaps around 8ish?

WUM / Troll imo.

and for the OP - you have no tenancy rights, you're effectively a guest, you can be asked to leave at any time. You cannpot acquire tenancy rights via your sis as she has no legal basis to transfer them. The HA have control of the property and your sis has the tenancy.

tbs624

kittiej wrote: »

I'm undecided on this one as I don't have enough knowledge about Scots law, but in England/Wales I thought that if you had a relative staying with you for a year or more then they have equal tenancy rights?

The sister should obviously have sought the HA's permission for the brother to be living there as a Sub-tenant..

In Scotland a Housing Assoc Tenant is probably on a SST (Scottish Secure Tenancy Agmt). AFAIAA a Secure Tenant does have the right to Assign when someone has shared their home for at least 6 months, but obviously this is not what the sister wanted to do.

When you mention the situation in England and Wale are you thinking of the one that refers to Assured Tenancies ( not ASTs) - Tenancy Succession in the event of the death of the original Tenant?

Oldernotwiser

real1314 wrote: »

Funny that OP says the sis hasn't phoned in the middle of the night in one reply, but said "Recently my sister has been calling me at strange times in the night" at the start?
If you're gonna make up a story, at least be consistent. Unless "strange times" are perhaps around 8ish?

WUM / Troll imo.

.

Thanks, you saved me from scrolling back to look for the post. Perhaps the OP thinks that we can't read and have no memory!

kittiej

Yes tbs, I don't think we know what TA the sister has.

I haven't rented for quite some time now so wasn't quite sure that's why I asked if OP had taken advice from shelter's website.

I have to admit the flat looks pretty nice.

I don't know why OP can't live with parents until he can find somewhere suitable?

Surely his own place with no-one else to have a say has got to be the best option.

Leave the sis to pay her own rent and bills and head for a quiet life.

kittiej

Thanks for pointing that out Catblue.

What does he class as an immigrant, anyone not Scottish?

Did he not just move from England?

Do as I say not as I do, I was trying to keep an open mind until now.

chappers

The OP has no tenancy rights basically he is dossing down with his sister however if he has changed the locks either she or the landlord will have to go through the courts to get rid of him, unless of course she wants to break the door down throw his stuff out and change the locks again, I don't think he would get a very sympathetic hearing if he went to court to try and get residency of the property.

Basically the OP should just get agrip on this matter you are dealing with family here and no matter how much you may hate your sister at this moment in time, you are just creating a whole bunch of trouble and heartache further down the line.Do yourself a favour move out find yourself somewhere to rent or buy and move on knowing you have done the right thing.

beecher

I wouldn't think the housing association would be too happy with the locks being changed on their property!

neas

Be an adult,Just get out of your sisters flat, she will have to pay for it again... you will no longer be 'threatened' or responsible for it. Your sister has wanted you out for some time now, and hasn't got through to you.... as people have previously said.Your post comes across as if you are a typical family member who stays 'a couple of weeks'... which ends up being a year... maybe this is untrue.. but this is why people have reacted the way they have.Be realistic, be the better person...1. Change the locks back (this is wrong.. and petty to change them)2. Negotiate with your sister when to move out (Dont bring legality or money into family affairs or you MAY find yourself disowned... for trying to get a family member in trouble)... Blood is thicker than water. Say mvoe out withn 3 weeks.. into a 1 month shorthold tenancy place...4. Be grateful that you've had a year comfortable rent.. but realise thats over now... and just rent somewhere else.. its really not that hard.. i've lived in 8 different houses (rental) and moving/living there is a piece of !!!!... its just a house...

silvercar

Yesterday peeps were establishing what legal rights the OP has to stay and overnight the mood has changed, now its how quickly they should move out!