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    • diz79
    • By diz79 8th Oct 18, 11:41 PM
    • 229Posts
    • 2Thanks
    diz79
    Where do I stand legaly
    • #1
    • 8th Oct 18, 11:41 PM
    Where do I stand legaly 8th Oct 18 at 11:41 PM
    Hi


    Just wondered if anyone could help at all, Ive been living in a flat for 19 months. Theres two rooms in the flat and both rooms are let privately to each tennant.



    In July yhis year the other tennant moved out, leaving me in the flat. The landlord tried to get someone in but they didnt manage to, so for the last month theyve been re decroating, I thought nothing of it and assumed they would get someone in when finished.



    But an estate agent called tonight at the door without me even knowing I assumed it was to look at the spare room and thought nothing of it let them in, after they went I checked online and saw the whole flat is up for rent on their website.




    The agreement when I moved in was a shorthold tennancy, after 6 months either party can end the contract as long as they give 2 months notice. This is only through email though although all parties did sign an agreement of sorts.





    Basically legally where do I stand can they kick me out or should they give me notice?


    Any input would be really be appreciated as need somewhere to live.
Page 1
    • Comms69
    • By Comms69 8th Oct 18, 11:45 PM
    • 5,899 Posts
    • 6,187 Thanks
    Comms69
    • #2
    • 8th Oct 18, 11:45 PM
    • #2
    • 8th Oct 18, 11:45 PM
    As long as landlord doesn’t live there; then they cannot kick you out- it would take 6-8 months to evict you
    • G_M
    • By G_M 8th Oct 18, 11:53 PM
    • 46,192 Posts
    • 55,923 Thanks
    G_M
    • #3
    • 8th Oct 18, 11:53 PM
    • #3
    • 8th Oct 18, 11:53 PM
    * England? Scotland?......?

    * Landlord non-resident?

    * contract/tenancy agreement was in your sole name (not joint with the other person)? And specified what? Your specific bedroom? With access to kitchen? Etc? Exact wording would help.

    But probably, as Comms69 syas, the LL would have to serve you a S21 Notice, giving 2 months notice, and then go to court if you stayed.

    Note that as this is a shared property, the LL probably has a right to enter the common parts (shared areas).

    Who pays the electric? Council Tax?


    Another option might be to offer take rent the whole flat from the LL (higher rent of course) on the (written) understanding that you could get a lodger ('Excluded Occupier'). You would be that lodger's landlord. You could charge whatever rent you wanted (they pay you, not your landlord), and as a lodger they'd have few rights so you could kick them out easily if things did not work out.
    Last edited by G_M; 08-10-2018 at 11:55 PM.
    • Pixie5740
    • By Pixie5740 9th Oct 18, 11:27 AM
    • 13,371 Posts
    • 19,261 Thanks
    Pixie5740
    • #4
    • 9th Oct 18, 11:27 AM
    • #4
    • 9th Oct 18, 11:27 AM
    Hi


    Just wondered if anyone could help at all, Ive been living in a flat for 19 months. Theres two rooms in the flat and both rooms are let privately to each tennant.



    In July yhis year the other tennant moved out, leaving me in the flat. The landlord tried to get someone in but they didnt manage to, so for the last month theyve been re decroating, I thought nothing of it and assumed they would get someone in when finished.



    But an estate agent called tonight at the door without me even knowing I assumed it was to look at the spare room and thought nothing of it let them in, after they went I checked online and saw the whole flat is up for rent on their website.




    The agreement when I moved in was a shorthold tennancy, after 6 months either party can end the contract as long as they give 2 months notice. This is only through email though although all parties did sign an agreement of sorts.





    Basically legally where do I stand can they kick me out or should they give me notice?


    Any input would be really be appreciated as need somewhere to live.
    Originally posted by diz79
    Your tenancy won't end just because the property is sold. The new owner would simply become your landlord and your tenancy would carry on as it has done.

    If either your current landlord or a new landlord wanted rid of you then they could issue a Section 21 notice taking it all the way to court for a possession order if they wanted to so really things won't be any different to how they are now.
    • G_M
    • By G_M 9th Oct 18, 11:53 AM
    • 46,192 Posts
    • 55,923 Thanks
    G_M
    • #5
    • 9th Oct 18, 11:53 AM
    • #5
    • 9th Oct 18, 11:53 AM
    Your tenancy won't end just because the property is sold. The new owner would simply become your landlord and your tenancy would carry on as it has done.
    Originally posted by Pixie5740
    OP said:
    I checked online and saw the whole flat is up for rent on their website.
    ...................
    • theartfullodger
    • By theartfullodger 9th Oct 18, 12:15 PM
    • 10,003 Posts
    • 13,610 Thanks
    theartfullodger
    • #6
    • 9th Oct 18, 12:15 PM
    • #6
    • 9th Oct 18, 12:15 PM
    Only 2 n's in tenant or tenancy....
    • Pixie5740
    • By Pixie5740 9th Oct 18, 1:30 PM
    • 13,371 Posts
    • 19,261 Thanks
    Pixie5740
    • #7
    • 9th Oct 18, 1:30 PM
    • #7
    • 9th Oct 18, 1:30 PM
    OP said:
    ...................
    Originally posted by G_M
    Good point well made.
    • diz79
    • By diz79 9th Oct 18, 10:05 PM
    • 229 Posts
    • 2 Thanks
    diz79
    • #8
    • 9th Oct 18, 10:05 PM
    • #8
    • 9th Oct 18, 10:05 PM
    * england? Scotland?......?

    * landlord non-resident? Yes non resident

    * contract/tenancy agreement was in your sole name (not joint with the other person)? And specified what? Your specific bedroom? With access to kitchen? Etc? Exact wording would help. It was with another person who moved out in july but i moved in, in 2017 they had moved in in 2015

    but probably, as comms69 syas, the ll would have to serve you a s21 notice, giving 2 months notice, and then go to court if you stayed.

    Note that as this is a shared property, the ll probably has a right to enter the common parts (shared areas).

    Who pays the electric? Council tax?


    I pay all of it



    another option might be to offer take rent the whole flat from the ll (higher rent of course) on the (written) understanding that you could get a lodger ('excluded occupier'). You would be that lodger's landlord. You could charge whatever rent you wanted (they pay you, not your landlord), and as a lodger they'd have few rights so you could kick them out easily if things did not work out.
    Originally posted by g_m



    this is all helpfull ive answered in captials next to your writting.



    But is very odd the estate agent coming round seems very below the belt.


    Would they have to send notice in an email or letter only i changed my mobile recently and wondered if they may have text me.


    I wont say anything yet im waiting to see if they say anything to me.


    Many thanks
    • G_M
    • By G_M 9th Oct 18, 10:20 PM
    • 46,192 Posts
    • 55,923 Thanks
    G_M
    • #9
    • 9th Oct 18, 10:20 PM
    • #9
    • 9th Oct 18, 10:20 PM
    this is all helpfull ive answered in captials next to your writting.
    Originally posted by diz79
    You seem to have answered some of the questions but not all, and not in CAPITALS so it's hard to pick out.....
    • PasturesNew
    • By PasturesNew 9th Oct 18, 10:29 PM
    • 65,287 Posts
    • 383,140 Thanks
    PasturesNew
    Maybe the agent made a mistake in what they wrote online for the flat. Maybe they misunderstood it's one room only.

    You have your own/separate to the departed tenant AST, covering your room. That's yours and means that for them to get you out they'd have to issue you with a Section 21, in writing/an actual physical letter, giving you notice of 2 months .... and they've not done that.

    I'd put it down to the agent being dim/making a mistake - and give them a call sometime later in the week.
    • diz79
    • By diz79 11th Oct 18, 6:43 PM
    • 229 Posts
    • 2 Thanks
    diz79
    You seem to have answered some of the questions but not all, and not in CAPITALS so it's hard to pick out.....
    Originally posted by G_M



    Im based in England


    when I write it its in capitals, but it then changes to normal when I post it so sorry about that. Ive still not heard anything I might wait and see what happens when they get in touch they were meant to come this week maybe tomorrow? They live a few hours a way.


    It is definitely advertised on the agents website as whole poroperty but maybe there putting the feelers out, who knows?


    Thanks again for all input. I guess its a waiting game now but feel much more at ease after all the feedback
    • troffasky
    • By troffasky 11th Oct 18, 9:37 PM
    • 115 Posts
    • 67 Thanks
    troffasky
    Does the price seem like the right price for the whole property, or one room in it?
    • diz79
    • By diz79 12th Oct 18, 7:05 PM
    • 229 Posts
    • 2 Thanks
    diz79
    Does the price seem like the right price for the whole property, or one room in it?
    Originally posted by troffasky

    Whole property
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