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Eviction in case of illegal renting

Eviction in case of illegal renting

Postby south1 » Fri Sep 15, 2017 4:07 pm

I am renting a new room from sometimes ago. It is a periodic assured-short hold tenancy. It is a good quality room. Yesterday night my landlord told me that the Council told him that he has no right to rent this room. He told me that therefore I have to leave the room immediately because shortly he will cut the water and electricity because he has to close the room.

I would like to know if the fact that he was renting maybe my room illegally means that he can evict me himself physically or cut electricity and water to force me to leave without getting an eviction order from the court.

If an eviction order is necessary can my landlord tell to the Council that he cannot stop renting my room until he has obtained this eviction order and what would happen if he takes a long time to get this eviction order or if the court refuses to grant him this eviction order.
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Re: Eviction in case of illegal renting

Postby Hairyloon » Fri Sep 15, 2017 6:26 pm

south1 wrote:Yesterday night my landlord told me that the Council told him that he has no right to rent this room...

If he has no right to rent the room, does it therefore follow that he has no right to evict you from it?
What is the basis of the council's assertion?
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Re: Eviction in case of illegal renting

Postby Boo » Fri Sep 15, 2017 7:26 pm

Is the tenancy agreement valid?
Who's paying the rent?

Something similar happened to a couple of clients I had a few years ago.
The landlord was informed the accommodation had to close.
All tenants were assisted with finding suitable
accommodation by the council.

You are facing homelessness. I recommend you speak to your local housing options team at the council. Take your tenancy agreement & eviction notice with you, when you receive it.
It may be worth many enquiries at the council beforehand.
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Re: Eviction in case of illegal renting

Postby south1 » Fri Sep 15, 2017 7:49 pm

My response to Hairyloon is

My tenancy is an Assured Shorthold tenancy so my landlord can evict me by serving on me a section 21.

However the issue is not whether or not he has the right to evict me but in which way he can evict me i.e. either by making an application to the court to get an eviction order and have a bailiff to come to evict me or he evicts me himself or he forces me to leave the property by cutting water and electricity. It is an important difference because in the former scenario it can take several months to evict me and if the application for possession is not properly done it can be refused and in the latter scenario my landlord can evict me immediately i.e. I can be made homeless at any time.

And a question is if my landlord has to issue possession proceedings to evict me would the Council be patient enough to wait that these proceedings are concluded?

My landlord did not tell me the reason why the Council told him that he has no right to rent my room. However I imagine that it is because he has built a self-contained unit without planning permission which happens often

My reply to ‘Boo’ is.

I have a valid oral tenancy and I pay the rent myself.

The Council assists only council tenants to find alternative accommodation or people who are in the priority list i.e. elderly, disable and people with children

And concerning eviction notice if my landlord has the right to evict me without issuing eviction proceedings there will not be any eviction notice served on me
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Re: Eviction in case of illegal renting

Postby dls » Fri Sep 15, 2017 9:02 pm

Start with the Protection from Eviction Act, and the use of harassment to recover possession.
The illegality of the grant of a tenancy does not directky alter the legal status of the tenant - in this context at least.

Many 'tenancies' of single rooms fail to achieve that status. For one reason or another the sharing of facilities can inhibit the existence f a separet housing unit.

Damages can be awarded for harrassment (Including withdrawal of facilities) designed to persuade you to leave.
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Re: Eviction in case of illegal renting

Postby south1 » Fri Sep 15, 2017 9:19 pm

The issue is what could do my landlord if the Council threatens him of prosecution if he carries on illegally renting my room and it takes him several months to evict me going through the court
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Re: Eviction in case of illegal renting

Postby atticus » Sat Sep 16, 2017 7:19 am

He commits an offence if he evicts you without obtaining a court order.
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Re: Eviction in case of illegal renting

Postby Hairyloon » Sat Sep 16, 2017 9:28 am

Hairyloon wrote:
south1 wrote:Yesterday night my landlord told me that the Council told him that he has no right to rent this room...

What is the basis of the council's assertion?
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Re: Eviction in case of illegal renting

Postby atticus » Sat Sep 16, 2017 9:36 am

But was what southy's landlord told him true? He sounds like a nasty piece of work.
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Re: Eviction in case of illegal renting

Postby Hairyloon » Sat Sep 16, 2017 9:52 am

He does, I'm expecting that he's not thought ahead far enough to have an actual reason for why the council said it was illegal.
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