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Landlord wants to evict me! Help please

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313 views 1 replies latest reply: 11 December 2015
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Tenant

Hello dear readers,

I hope somebody can help me out with my problem. I’ve been living in my current flat for 2,5 years. Unfortunately I never had a contract. It’s a council block but I think our flat must be privately owed by an agecny. However, there was never an issue until last year November a new agency took over the flat. We were 4 people in the flat at that time. As the agency did not want to rent to flat room by room, they have decided to rent it out as a whole. Then there was my flatmate (he moved in last year around October). He agreed to signed the tenancy agreement with the agency, which I believe is the owner of the flat. So basically I haven’t got anything in writing. But I said from the very beginning I would pay my rent directly to the agency, which I did. All was fine until my flatmate (the one who has the agreement) has increased my rent for no reason. I think he gave me a notice of max 2 weeks. I was innocent and scared he could evict me, so I have payed the higher amount. He increased it because I got in touch with the agency regarding the condition of the flat. Months past and the condition got worst. I contacted the agency again. He (my flatmate) found out and increased my rent again, giving me 1.5 weeks notice. I did not want to accept it and that is how all now started. He is harrassing me and threatening me to remove me and my stuff physically from his “leased” property if I wouldn’t pay the rent until the end of the XXX. I payed again my rent as usual to the agency. They been accepting and taking my money for one year now. So I assume there is a contract between me and the agency? I spoke already to the citizen advise bureau, Shelter, the police and few friends, and all of them told me that I have rights in this flat. That he can’t just take my keys and try to evict. This is an unlawful eviction. He has to go through the court and that would take him up to 9 months, that what the police officer told him. But he has absolutely NO reason to evict me nor increasing my rent. There are no grounds on which he could increase my rent. I must also say, he is receiving benefits and charging all other flatmates a certain amount so that he has to pay only a little if almost nothing. He first start calling me a lodger and now I am a trespasser. But I’ve been living here for 2,5 years, much longer than him! I don’t know what to do. I had to change my locks today, so I can leep in peace. He tried to enter into my room this morning at 7am as he had the second key of my room (the old lock). I was so anxious and told him to call the police if he tries to open the door. 

Please help me. I read sooo many stuffs about the law now and got lot of advise but I am still in fear that he can remove my stuff from the property. Can he really do that? I have to be now always locked to make sure he won’t come in:((((

Thank you so much in advance.

Rina

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Administrator

Hi Rina

I think maybe the offical term for you might be a subletter sharing their home with a landlord, which would make you an excluded occupier. This is a bit of a tricky position to be in – it does mean that you have to be given notice but it doesn’t mean that the landlord needs to obtain a possession order (i.e. go to court) to evict you. The landlord can take steps to remove you but they can’t threaten physical force, that would be illegal. There’s some more information here on excluded occupiers.

Having said that, I’m not a lawyer so it’s worth you getting some advice on your situation – you can speak to Shelter, Citizens Advice and/or someone at a law centre. In the meantime, if you’re concerned for your safety then contact the police.

Alex

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