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Kaya
23-03-2010, 15:10 PM
Hi all

I have a friend who is a student and is renting a shared house (HMO) with three fellow students. They have been in the house for three months now and so far the landlord has not given them any tenancy agreement to sign, but they have been paying their rent. The problem now is that one fo the students has accidently damaged a fitting in the kitchen, and because of this the landlord has told them they all have 2 weeks to get out of the property.

I have told my friend that the LL cannot just tell them to get out and that he needs a court order for an eviction, but as they do not have ANYTHING in writing with regards to this tenancy I was wondering what action they should take next. I perhaps thought the housing department at the local authority would be able to help with this illegal attempt at eviction - and perhaps also check if the LL has the correct HMO licence etc - as I doubt that he does if he doesn't even provide tenancy agreements.

Where to these tenants stand in law, and where should they turn for help? Thanks for your advice.

Kind regards

Kaya

havensRus
23-03-2010, 15:42 PM
I would guess there's an accomodation office/officer at the college/uni? Talk to them. If there isn't one, then your friends should ask for the Tenant Relations Officer at the Council. They should be able to provide some support and talk to the LL to work things out.

You are right, the LL cannot evict without getting a court order.

Whilst there might not be a written agreement, there is an oral one created, as LL has been collecting rent. Your friends should sit tight and not be intimidated. Unfortunately, some LLs give the rest of us a bad name...

The property does not need mandatory licensing as an HMO, unless its on 3 floors and there are 5 or more occupants. However, certain amenity, space and fire standards still apply and must be met. You could also call the Environmental Office at the council to confirm if they know its an HMO or not, and if it requires a licence or not.

Kaya
23-03-2010, 15:51 PM
Thanks for your advice HavensRus


Unfortunately, some LLs give the rest of us a bad name...


I know! I am a LL myself and was shocked when my friend told me of his treatment!