Housing advice

paries1

Not sure if anyone can help with this but I would be massively grateful for any advice pls as it’s really stressed me out. 

I share a flat with 2 others . Landlord doesn’t have an HMO license and he should . I moved in about 18months ago on a 6 months AST which I assume now has just become a rolling tenancy agreement. The other 2 were NEVER given a tenancy agreement. The 3 of us never received an EPC, gas safety certificate or how to rent guide . 

Landlord is saying he wants to sell the property and I’m reading he can’t actually evict us using a section 21 because he doesn’t have a licence and the relevant documents weren’t issued . He’s also saying he can just put the rent up ( our rent is cheap) . 

I’ve no idea where we stand or what I can do about this. Can we just refuse to leave ? 

Can he issue the relevant documents then get an HMO and then issue a section 21 ? 

MW123

Hello paries1
I am sorry to hear about your situation, and I understand that it must be incredibly stressful for you. You're correct in noting that if the property is not registered as an HMO (House in Multiple Occupation), your landlord cannot evict you under Section 21. However, what I find particularly interesting is that you live in a flat. In your position, it would be advisable to visit the land registry website and search for the property. You may consider obtaining a copy of the lease by paying for it. Based on my experience, it is quite rare to find a lease that permits more than one family unit to occupy a property. It's possible that your landlord is also in breach of their lease, which could result in forfeiture proceedings being initiated against them. It's worth noting that even if your landlord is the freeholder, the HMO laws would still apply to them.

Lottie1732

Hi Paries

You can find out if there is an EPC here https://tuxa.co.uk/search    It's not a definitive record as far as I can make out, but you may at least find out if the landlord has one and what level it is. I know that after 2020 (not sure of the month) a house can't be let or sold unless it has at least an E certificate.  I'm reasonably certain about that but someone with more experience here might have better or more relevant information.  The fines for letting without one or one that is at least an E is up to £5000. Maybe a little bit of ammo for you when he says he can put the rent up whenever he wants. I'd advise caution but you could reasonably insist on being presented with an EPC. 

Good luck and sorry it's so difficult for you right now. 

Lottie. 

paries1

Thank you both very much for the advice . I did check and it seems there’s no EPC. It’s all really stressful and all I l’d really like is some stability. 

MW123

Hello paries1

I have serious doubts about your landlord actually registering the property as an HMO. To confirm this, you could challenge him directly the next time he brings up selling the property. Clearly state that if he wants vacant possession, he will need to serve a Section 21 notice on you, as you have no intention of leaving voluntarily. Many landlords heavily rely on Section 21 notices to regain possession of their properties, but if his property isn't registered as an HMO, he won't be able to use that route. 

You mentioned having an assured tenancy, which I haven't read, but I assume it has now transitioned into a rolling tenancy that automatically renews periodically until either you or the landlord gives notice. 

Regarding the rent increase, the landlord must serve you a Section 13 notice. Landlords can only do this once a year. If you disagree with the increase, you have the option to take it to a tribunal. Regardless of what happens, continue paying your rent at the current rate. If the landlord asks for an increase verbally without serving a Section 13 notice, don't pay unless you are satisfied with the new demand. 

Based on your post, it seems that you and the other tenants were content and settled in the property until the landlord informed you about selling the property and raising the rents in the meantime. 

Unfortunately, I don't foresee a positive outcome in this situation, so it's important for you to prepare yourself. If you are disabled and receive an eviction order, contact your local authority as they may be able to provide assistance. Losing the stability of a place to call home is awful and incredibly challenging. Additionally, I recommend reaching out to Shelter for expert advice on current legislation and ensuring your rights are protected.

 

Lottie1732

Is the landlord really the landlord?  Could be a tenant who is illegally subletting to the three of you. Him saying that he can just put the rent up sounds a bit like he's trying it on. Putting the pressure on you (selling/putting rent up) sounds like a chancer. A friend of mine recently had this issue with his tenant letting out the property to about 8 people.  (sorry for the negative post)

paries1

Lottie1732 said:

Is the landlord really the landlord?  Could be a tenant who is illegally subletting to the three of you. Him saying that he can just put the rent up sounds a bit like he's trying it on. Putting the pressure on you (selling/putting rent up) sounds like a chancer. A friend of mine recently had this issue with his tenant letting out the property to about 8 people.  (sorry for the negative post)

Hi Lottie , he is the Landlord but he’s a bit of a rogue one and it seems he’s done everything wrong. It’s such a stressful time because if he had done things by the book and got an HMO and given all the relevant documents it would’ve been better for him. 

paries1

MW123 said:

Hello paries1

I have serious doubts about your landlord actually registering the property as an HMO. To confirm this, you could challenge him directly the next time he brings up selling the property. Clearly state that if he wants vacant possession, he will need to serve a Section 21 notice on you, as you have no intention of leaving voluntarily. Many landlords heavily rely on Section 21 notices to regain possession of their properties, but if his property isn't registered as an HMO, he won't be able to use that route. 

You mentioned having an assured tenancy, which I haven't read, but I assume it has now transitioned into a rolling tenancy that automatically renews periodically until either you or the landlord gives notice. 

Regarding the rent increase, the landlord must serve you a Section 13 notice. Landlords can only do this once a year. If you disagree with the increase, you have the option to take it to a tribunal. Regardless of what happens, continue paying your rent at the current rate. If the landlord asks for an increase verbally without serving a Section 13 notice, don't pay unless you are satisfied with the new demand. 

Based on your post, it seems that you and the other tenants were content and settled in the property until the landlord informed you about selling the property and raising the rents in the meantime. 

Unfortunately, I don't foresee a positive outcome in this situation, so it's important for you to prepare yourself. If you are disabled and receive an eviction order, contact your local authority as they may be able to provide assistance. Losing the stability of a place to call home is awful and incredibly challenging. Additionally, I recommend reaching out to Shelter for expert advice on current legislation and ensuring your rights are protected.

 

Thanks MW123 
I do actually say to him his section 21 wouldn’t be valid because he has no HMO. I spoke with shelter yesterday and they advised what you have said , so thank you very much . 

Living with MH issues is bad enough but having the threat of losing your home too just makes it worse .