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View Full Version : Tenant left property, girlfriend still resident - all help needed please



jup
07-09-2010, 22:20 PM
hi

My ex-partner and i moved into a rented property 01/04/10 on a 6 month AST. My ex-partner is the only one on the tenancy agreement. I have paid half deposit and monthly rent - have bank statements to prove this. Ex-partner was having an affair (with 3 women!!) has moved out and now living in another property.

Police are involved regarding his harrassment of me, he is now no lnger able to contact me unless through a solicitor.

All rent is paid up to date.

Notice has been served correctly and tenancy expires 30.09.10 (end of this month).

My problem is i do not have the financial means to move out at the end of this month, have visited every government organisation with 25 miles to find help, applioed for credit cards, a loan etc. My partner was financially supporting me - to a degree - as i had supported him through redundancy/breakdown / unemployment etc. Ho knows i have no money. I have also been desparately looking for a job, as this will solve all my problems.

Can anyone tell me what rights i have, what can my partner do to me up to end of tenancy, what could happen after tenancy expires etc etc

I keep getting conflicting advice.

I would like to stay on in the property until i get a job or find the money to move out and set up in my own home.

I also do not want to inconvenience the agents who have been good to me so far but i really really do not have any other option at this time.

BTW if i could i would of moved out the property as soon as i found out about his other women.

gardeningmad
08-09-2010, 02:33 AM
Is property in England, rent under 2085/month, deposit protected?

Notice has been served correctly

Who served noticed?

jup
08-09-2010, 06:16 AM
Yes property is in england. Rent £1000 per month. Deposit is protected with agent.

Agent served notice on ex-partner at beginning of August using the correct procedure.

Agent will not deal with me, as tenancy is in ex partners name.

jup
08-09-2010, 06:22 AM
Can my ex-partner just throw me out of the property before the tenancy ends? He is threatening this action.

Can my ex-partner throw me out of the property after the end of the tenancy?

I understand at end of tenancy, if property not vacated, (i have not moved out) Agent needs to follow possession / eviction process. How long would this take?

Snorkerz
08-09-2010, 08:16 AM
Your biggest problem is that you are not on the tenancy, therefore the agent (with ex's cooperation) could just change the locks while you are out - you have virtually no rights in this matter as you are, in effect, a lodger (google "excluded occupier")

If your ex was still living in the property, the agent would need to follow the s21 legal process - BUT - because he isn't, the tenancy is no longer covered by the 1988 Housing Act (see section 1(b)).

What has the agent/landlord said about you taking over the tenancy?

Charles19
08-09-2010, 09:01 AM
What has the agent/landlord said about you taking over the tenancy?

Not an option for her is it as she cannot afford rent at the current level.

jup
08-09-2010, 09:10 AM
The landlord will not speak to me (not in a nasty way) only the ex partner.

Do i not qualify for any rights?

If i am still in the property by the end of the tenancy what sort or possession procedure will the landlord have to undertake?

Charles19
08-09-2010, 09:46 AM
Do i not qualify for any rights?



I am wondering about squatter rights of which I know little to nothing...anyone else?

Otherwise you may be limited in whats open to you as Snorkerz said above. I do have sympathy for your situation but also (and ultimately) for the LL.
C

jup
08-09-2010, 09:56 AM
The landlord will not lose out, i take care of the property - it is spotless. the rent will be paid if i can stay - i have applied for hb - my partners half could be covered by taking in a short term lodger which i have suggested to him.

It is just to get me over this short term period, as you can imagine it has been the worst time of my life.

jup
08-09-2010, 09:59 AM
A friend suggested squatters rights!!!!

It very tacky and not the way i would want to go, even if i could.

The ex-partner cannot communicate like normal humans he just wants to shout, scream and be abrupt. Its sad that his behaviour prevents us from talking about the situation fairly.

jup
08-09-2010, 10:24 AM
I am sure that his tenancy does NOT allow for him to sub let the property.

However what if has without agents permission?
Has he not sub-let the property to me?

When he left he said he was moving out and that i could do what the hell i wanted with the house (something like that anyway). So has he not actually sub let the property to me?

if he has sublet the property to be (verbal agreement) Would that give me some form of protection from him throwing me out, e.g. he has to serve me with a proper notice?

Good grief you can tell i am desparate. But he has handed everything over to me. He even knocked on the door when he came round, also gave me notice when he was coming round. So he has behaved "like" a landlord.

fletchj
08-09-2010, 10:25 AM
A friend suggested squatters rights!!!!

It very tacky and not the way i would want to go, even if i could.

The ex-partner cannot communicate like normal humans he just wants to shout, scream and be abrupt. Its sad that his behaviour prevents us from talking about the situation fairly.

That's not going to fly I'm afraid - when you moved in you were permitted to do so, so you cannot now be a squatter, not that it would make a great deal of difference anyway.

jup
08-09-2010, 10:27 AM
What are "home rights" and "beneficial interest".

Am i clutching at straws?

Really do appreciate your advice.

jeffrey
08-09-2010, 10:33 AM
What are "home rights" and "beneficial interest".

Am i clutching at straws?

Really do appreciate your advice.
Home Rights: apply to deserted spouse [or civil partner] of fleeing sole owner.
Beneficial interests: apply to anyone who has a share in property's value, whether or not also a legal owner or joint owner.

Neither applies to tenants who have acquired no capital value in the property (by purchase or gift).

jup
08-09-2010, 10:42 AM
i paid rent to my ex, ex then paid to agent. I paid 3/4 of rent.

Is my mesme (dont know how to spell it) landlord and i am his sub-tenant?

jup
08-09-2010, 10:46 AM
Someone must have some positive news for me. Please.

jeffrey
08-09-2010, 11:19 AM
i paid rent to my ex, ex then paid to agent. I paid 3/4 of rent.

Is my mesme (dont know how to spell it) landlord and i am his sub-tenant?
The word is MESNE. It's an adjective and means (approximately) 'intermediate' or 'reversionary but not freehold'.
So if A let to B and B sub-let to you, B is the mesne landlord.

westminster
08-09-2010, 11:49 AM
Can my ex-partner just throw me out of the property before the tenancy ends? He is threatening this action.

Can my ex-partner throw me out of the property after the end of the tenancy?

I understand at end of tenancy, if property not vacated, (i have not moved out) Agent needs to follow possession / eviction process. How long would this take?

The s.21 notice served on the T (your ex) does not end T's tenancy; it just entitles the LL to apply for possession after the notice expires. This procedure would take a couple of months (after the end of the notice) or more. The LL cannot take any direct action against you, as you are not his tenant.

Your ex, however, would probably be entitled to evict you by means of giving you 'reasonable' verbal notice, then changing the locks while you're out (he cannot physically throw you out - this would be illegal). However, as he can't contact you directly, he'd have to get someone else to do this on his behalf.

(BTW how can he be threatening to throw you out if he can't contact you? Has his solicitor passed on this message?)

Forget so-called squatters' rights. You are not a squatter, and squatters have very few 'rights' - they can be evicted very easily.

I'm not sure whether you could successfully argue you're ex's subtenant unless you are paying rent to him, but it's worth exploring especially if you have evidence he is living elsewhere. There are various sources of free advice: Shelter, the Private Tenancies Officer at the local council, a Law Centre and Community Legal Advice http://www.communitylegaladvice.org.uk/gateway/housing.jsp
http://www.lawcentres.org.uk/
http://england.shelter.org.uk/get_advice

Basically, you've got some breathing space if your ex doesn't/cannot evict you as a lodger/excluded occupier, because it'll take the LL a couple of months or more as from 30th September to get to the bailiff stage.

jup
08-09-2010, 16:03 PM
I have evidence that he is living somewhere else so do the police. He has been living there since beg July.

I paid rent direct to ex on the 1st of each month. Ex paid agent on the 1st of month.

he cant contact me now. The police have been involved for a while however they have only just served him with a harassment warning that if contacts me he will be arrested. This only happened yesterday. This was escalated due to his behaviour towards me over the last week.

jup
08-09-2010, 16:11 PM
If i could argue that after the relationship broke down he sublet the house to me. What would then be my rights? How much notice does he have to give me and in what form? can he still chnage the locks etc

Thank you everyone for helping me with this. I love this forum. x

theartfullodger
08-09-2010, 18:24 PM
Start finding somewhere else to live.. one way or the other (all legal) you are going to lose that place.

Sorry, life ain't fair, and your ex-partner has dropped you in it.

Hope it works out better with the next partner...

Snorkerz
08-09-2010, 23:13 PM
If i could argue that after the relationship broke down he sublet the house to me. What would then be my rights? How much notice does he have to give me and in what form? can he still chnage the locks etcIf you can prove he is your landlord and you have a tenancy (as opposed to a license) then no, he can't change the locks. However, if the real landlord evicts BF, you will be evicted no matter what your 'rights' are.


Basically, you've got some breathing space if your ex doesn't/cannot evict you as a lodger/excluded occupier, because it'll take the LL a couple of months or more as from 30th September to get to the bailiff stage.As BF isn't resident, his agreement with LL is no longer an AST. Would this speed up or delay the LLs possession claim? I'm pretty sure 2 months notice wouldn't apply.

Snorkerz
08-09-2010, 23:16 PM
JUP - this thread explores similar issues from the Landlords PoV - might provide some useful insight.

It's not your landlord is it :eek:

http://www.landlordzone.co.uk/forums/showthread.php?t=31805

jup
09-09-2010, 06:37 AM
So if i understand correctly. If a Tenant moves out before end of tenancy, housing act does not apply and tenancy no longer AST.

So what tyoe of tenancy will it revert to?

What action will the Agent have to take to gain possession and how long will this take?

No, suggested thread is not me or my agent!!! I will not be refusing to pay rent on 1st october if i am stil there.

Snorkerz
09-09-2010, 06:50 AM
So if i understand correctly. If a Tenant moves out before end of tenancy, housing act does not apply and tenancy no longer AST. That is my understanding, but all tenants have to leave.
So what type of tenancy will it revert to?It becomes just a standard contract, like you would have for your Sky TV. The only 'extra' protection over a normal contract is the Protection from Eviction Act 1977
What action will the Agent have to take to gain possession and how long will this take?The landlord will still have to obtain a court possession order but the 2 months requirement for an s21 does not apply. Whatever the tenancy agreement says about eviction applies.

jup
09-09-2010, 07:03 AM
Ok, so becasue bf left, Agent served s21, but agent did not actually need to.

However, I have no reason to believe that agent will start possession / eviction process until 1st october to gain vacant possession from his teneant, my ex, which would take them a couple of months.

However, MY LANDLORD, (my ex partner!) could apply right now for a evicion order against me, which would also take him a couple of months.

Have i got this right?

Have an interview for a job next week, if i get it all my problems will be sorted.

Not having a home is making me feel very vunerable.

jup
09-09-2010, 07:12 AM
How can i prove that ex sublet property to me when he left?

westminster
09-09-2010, 10:59 AM
As BF isn't resident, his agreement with LL is no longer an AST. Would this speed up or delay the LLs possession claim? I'm pretty sure 2 months notice wouldn't apply.
I doubt the issue would arise if the T didn't contest the application for possession. All the paperwork will show an AST etc.

But I guess that if it was a common law tenancy, it would simply expire on 30th September and LL could then apply for possession. Makes no odds as the s.21 expires on 30th September.

westminster
09-09-2010, 11:07 AM
How can i prove that ex sublet property to me when he left?

Please ring one of the sources of advice I posted in post #18 and talk it through with them.

jup
09-09-2010, 16:47 PM
Hi I have contacted around 10 agencies including a solicitor. Keep getting conflicting advice. That's why I went looking for others and found this wonderful forum.

So am I right in thinking ll getting possession order in common law contract would still take a few months? Or is this procedure quicker than a possession order when ast?