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Eviction in case of illegal renting

Re: Eviction in case of illegal renting

Postby dls » Tue Sep 19, 2017 3:03 pm

I have asked my landlord to show me any notice or correspondence that he could have received from the Council but he refuses


As he should (refuse). But equally, what they have written to him does not affect whatever legal status you have as against your landlord. You should have no interest in it.

Your status as shorthold tenant (if that is what you are) allows him, at a certain point to give you a notice to leave. From that point you will have several weeks before any final legal eviction takes place, but it will happen if he does it right.

Boo is right. Be in touch with your housing department. They have a responsibility to assist, but that may not extend to actually rehousing you. As Boo says that may be in pointing you to another landlord. They also have statutory responsibility for enforcement of the Proection from Eviction Act. Knowing they are involved may 'assist' your landlord and restrain him to limit his actions to lawful ones.
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Re: Eviction in case of illegal renting

Postby south1 » Tue Sep 19, 2017 5:34 pm

My landlord is possibly harassing me but I know that he has also a problem with the Council and that he should be telling me the truth at least partially because I know that yesterday my room was checked and that my landlord is upset by the the loss the he will sustained by having to remove the new boiler.

One question is has my landlord has enough grounds to make and appeal against this decision from the Council?
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Re: Eviction in case of illegal renting

Postby dls » Tue Sep 19, 2017 6:07 pm

No idea, and no way of knowing. He must get his own and professional advice
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Re: Eviction in case of illegal renting

Postby diy » Tue Sep 19, 2017 7:23 pm

Does your landlord live in the property?
What form does your tenancy agreement take? is there an assured short hold tenancy agreement?
How long have you had this?
Are you able to use other parts of the house (bathroom, kitchen etc) or is your room fully self contained?

I see that the pro's are careful to state that the legal status of your agreement with the Landlord is not impacted by his lawful right to grant you an agreement. However, just because he had no right to give you a tenancy, doesn't mean you have one.

Its possible all you had was a license to occupy - in the same way as a lodger.

i.e. https://england.shelter.org.uk/housing_ ... _occupiers
My suggestions are not legal advice
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Re: Eviction in case of illegal renting

Postby dls » Wed Sep 20, 2017 7:21 am

Agreed
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Re: Eviction in case of illegal renting

Postby south1 » Wed Sep 20, 2017 9:03 am

I do not have a written tenancy so I have an oral tenancy and I have been living there for more than six months.

My room is at the end of the garden and entirely self-contained with even its own boiler which gave me centrol heating and hot water to which I make reference in my previous post and which causes so much problem because my landlord told me that the City Council told him that it is illegal. Therefore I should have an assured-shorthold tenancy because I do not share any space with my landlord and I do not live in the same building as him

Do someone know the law concerning having a boiler and hot place in a building which is separate of the main house? The question is important because if my landlord has done nothing of illegal it is less likely that he will need to evict me
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Re: Eviction in case of illegal renting

Postby atticus » Wed Sep 20, 2017 9:08 am

Whatever dls says, you should ask your landlord to show you whatever notifications he says he has received from the Council. If he is telling the truth, why should he not show you even if that would be within his rights). If he does not, you can say that you do not believe him.

If he shows you any notices, you can take a note of any legislation referred to (section number, Act, Year). That will give a starting point to investigate whether the Council has the powers that are being claimed.
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Re: Eviction in case of illegal renting

Postby south1 » Wed Sep 20, 2017 2:25 pm

1.
I have already asked documentary evidence to my landlord because I have asked him the following:

a) I asked my landlord to show me any correspondences that he has received but he refuses telling me that he cannot show me correspondences from the others. I think that this is due to the fact that he does not want I notice the name of the people who write him the letter to prevent them from contacting them but he told me that the City Council will write me a letter in two weeks time and I will ask him he shows it to me but it is not sure that he will accept.

b)I asked him also to write me a letter explaining me the situation but he also refused because he told me that he cannot write me a letter because this will be evidence that I am living in my room.

2.
If I insist too much he can simply serve on me a notice to quit but I do not know if he will do this because this will prove that I am living in the property. It is why I am worried that instead of legally evicting me he chooses to do the following:

a) To force me out of the room by cutting gas and electricity (maybe from time to time only so that I cannot prove it)

b) or changing the lock of my room to prevent me from entering in it (it could be difficult for me to prove that he has changed the lock of my room because he can say that he has not changed it and it would be my words again his words)

c) or removing my belongings from my room (I can have difficulties to prove this also because in this case he can say that it is me who removed them)

3.
I know that he has a problem with the City Council about my room because it should have been visited because there were changes inside and also outside. My landlord seems upset by this and if he did not tell me at least partly the true he would be a very good comedian

4.
I am interesting in having information about regulation about boilers and hot plates. Maybe there have already been threads in this forum about this issue. For example I am interested in knowing if it is illegal to have hot plates in a building which is separate from the main house or it is only illegal to use them because I think that anyone can store its old cooker in its garage.
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Re: Eviction in case of illegal renting

Postby diy » Wed Sep 20, 2017 2:35 pm

south1 wrote:Do someone know the law concerning having a boiler and hot place in a building which is separate of the main house? The question is important because if my landlord has done nothing of illegal it is less likely that he will need to evict me



Yes, its not clear if your Landlord owns his house or rents his house (possibly from the council).
Assuming he owns it:
- Depending on how long the building has been up it probably needed planning permission and building control approval. Its unlikely to comply.
- It is probably not gas safe, with the required co2 monitors in place
- the dwelling would need to be registered for council tax etc

https://www.planningportal.co.uk/info/2 ... tbuildings

Unless he could establish lawful development rights due to historic existence (unlikely) he is facing criminal prosecution for some of the above. These are serious issues, you cannot just go building houses in your garden even if they are small.

Assuming he doesn't own it:
- he had no right to sublet or modify the property, and will face eviction himself (probably)

you can go to the council website and look up the post code and see details of any planning/enforcement applications.

You need to focus on your rights, against your landlord, not help him fight a losing battle.
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Re: Eviction in case of illegal renting

Postby south1 » Wed Sep 20, 2017 7:29 pm

My landlord owns the house and he has a mortgage on it

Concerning building control approval my landlord told me that the council told him that my room can have electricity and water and my landlord can do repairs if necessary

I have done search and it seems that planning permission is not required to build a shed at the back of a garden. Others neighbours also have one. What my landlord has maybe done of illegal is to build a self-contained unit in it and to rent it.

The question is if he made change and the unit is not anymore self-contained would this solve the problem? I know someone who had a similar problem when he built a self-contained unit in an extension to his house and what he did to solve the problem was simply to remove the kitchen sink

I do not know if my landlord has committed a criminal offence by receiving a rent which could be considered as proceeds of crime? However the council would have to prove that my landlord is receiving a rental income and my landlord can say that I am one of his friends and he is accommodating me for free

If the issue would be the lack of a carbon dioxide detector this would not be an issue because it will suffice to fit one. My room has a very good central heating and my landlord told me that the council told him that the issue was that the boiler was too far from the main house

The boiler was fitted by a professional and not by my landlord so the work should have been well done and my landlord should have got permission from the gas authorities through this professional

It seems to me that it would be good that I do both to defend my rights and to try to defend also my landlord against the council for example by preparing an appeal but the question would be if my landlord make an appeal would this stay the removal of the hot plates and of the boiler? The reason is that if the problem of my landlord with the council ceases my problem ceases also

My landlord told me that my room cannot have hot plates because of the smoke but my cooker has a smoke extractor so maybe the council is wrong.

I query about the regulations about the hot plates because I would like to know if my landlord is telling me the truth concerning them or he wants to harass me by removing my cooker from my room
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