Notice period for tenant with no contract/lease?

CREATIVE!11 · 5 Apr 2015 at 13:29

About a 1-2 months because it'll take good few weeks to find a new place.

You can't kick someone out in 48hrs I don't think. Give him a month.

kibblerok · 5 Apr 2015 at 13:29

Don't be a ****. Take it they've been declaring the income for tax and have any deposit in a proper scheme as required in most instances?

You do things in an underhand way, this is the result you get. To even think about turfing someone out with just 48 hours notice is a disgrace.

wingnutta · 5 Apr 2015 at 13:43

It was never done right from the start thats why i asked how long it should be?? If it was all done correctly i would have no need to ask eh??? This isnt a situation that we have got ourselves into - its one we now find ourselves in!. I have always said from the start that the 48 hours notice doesnt seem right and from the sensible replies it seems 1-2 months is in order. And no there wasnt a proper deposit scheme entered into and neither was a deposit given upfront either! As i have said before - it was mother in law doing someone a good turn and now she is gone they are taking the mickey... He knows he is not wanted anymore and notice is being given to him later today. Just going to give him notice from today as he doesnt take any notice of when the rent is due anyway. He pays it when it suits him by all accounts...
See what happens in a month eh....

dowie · 5 Apr 2015 at 13:49

is it counted as a separate dwelling/address etc... does he pay council tax separately/have a separate postal address or is he living in the granny flat essentially? If he is more of a lodger in your brother's home than a tenant in a completely separate property then that might well change things... much less notice required to kick someone out of your own home so if you take the reasonable approach first and that doesn't work then perhaps you can shift him out more easily later.

Basically if he is a lodger and your brother is a live in landlord then only 'reasonable notice' needs to be given

(might be trickier for him to be a lodger if his room is completely separate, does your brother have a key and is able to access the room when he likes etc..?)

CREATIVE!11 · 5 Apr 2015 at 13:51

wingnutta said:
It was never done right from the start thats why i asked how long it should be?? If it was all done correctly i would have no need to ask eh??? This isnt a situation that we have got ourselves into - its one we now find ourselves in!. I have always said from the start that the 48 hours notice doesnt seem right and from the sensible replies it seems 1-2 months is in order. And no there wasnt a proper deposit scheme entered into and neither was a deposit given upfront either! As i have said before - it was mother in law doing someone a good turn and now she is gone they are taking the mickey... He knows he is not wanted anymore and notice is being given to him later today. Just going to give him notice from today as he doesnt take any notice of when the rent is due anyway. He pays it when it suits him by all accounts...
See what happens in a month eh....

Turf him out in 48hrs or a week then if he's not paying.

Or let yourself in and put all his stuff in the road.

MrMoonX · 5 Apr 2015 at 13:56

CREATIVE!11 said:
Turf him out in 48hrs or a week then if he's not paying.

Or let yourself in and put all his stuff in the road.

Yes cos the OP wants a criminal conviction for illegal eviction :rolleyes:

krisboats · 5 Apr 2015 at 14:07

CREATIVE!11 said:
Turf him out in 48hrs or a week then if he's not paying.

Or let yourself in and put all his stuff in the road.

Both of these will leave the tenant in a position to sue you for damages.

To clear it up, it isn't 1-2 months, it isn't 48 hours. It's TWO WHOLE CALENDER MONTHS. BY LAW!

As has been said it's not got a signed or written contract, but as there is still an exchange of money (even sporadically) it defaults to a basic rolling shorthold tenancy agreement with the basic set of rules regarding everything a tenancy would need. This includes the landlord giving TWO MONTHS NOTICE, IN WRITING.

Was a deposit supplied at any point? This needs to be in a Deposit Protection Scheme by law, if you're holding the deposit and haven't done it already do this ASAP. Just not having it in one allows him to challenge you in court with the courts normally awarding 3 times the size of the deposit.

If at the end of the two months he hasn't moved out you have to apply through the courts to get him out. You can't just enter the property and remove him and his belongings yourself. I sued a previous landlord for damages when they did this at the end of my 12 month contract as even though i was moving out, i was it took a day longer than i thought to remove my belongings and take them to new house. They came in the day after the original contract ended without any contact beforehand and gutted the place, throwing he remainder of my belongings in the trash down the street. To cut a long story short, they didn't have a leg to stand on they settled out of court for a couple of thousand.

dowie · 5 Apr 2015 at 14:12

krisboats said:
Both of these will leave the tenant in a position to sue you for damages.

is he definitely a tenant not a lodger?

cainer · 5 Apr 2015 at 14:16

dowie said:
is he definitely a tenant not a lodger?

its a self contained annex, he's a tenant

dowie · 5 Apr 2015 at 14:25

usually it seems, yes

brother could have saved himself some hassle by providing clean sheets once a fortnight, sending a cleaner round and maintaining the right to enter the room at will...

CREATIVE!11 · 5 Apr 2015 at 14:26

MrMoonX said:
Yes cos the OP wants a criminal conviction for illegal eviction

Trololol

Glaucus · 5 Apr 2015 at 14:27

Rofl.
48hrs, why would you even consider that. More likely to per them off and cause yourself a massive headache.

JaWalks · 5 Apr 2015 at 15:49

I'd be fair and give him a month. Then if he doesn't go wait for him to go out, remove his stuff and change the locks.

There's no written contract, no deposit and I presume the rent is paid with cash? If so you'll have nothing to worry about legally.

Cavallino · 5 Apr 2015 at 16:08

krisboats said:
If at the end of the two months he hasn't moved out you have to apply through the courts to get him out. You can't just enter the property and remove him and his belongings yourself. I sued a previous landlord for damages when they did this at the end of my 12 month contract as even though i was moving out, i was it took a day longer than i thought to remove my belongings and take them to new house. They came in the day after the original contract ended without any contact beforehand and gutted the place, throwing he remainder of my belongings in the trash down the street. To cut a long story short, they didn't have a leg to stand on they settled out of court for a couple of thousand.

So can I just get this right. Because you were just one day over, the landlord turfed you out? Even though you explained to him etc? And presumably you were going to pay an extra days rent?

mattyg · 5 Apr 2015 at 16:24

JaWalks said:
I'd be fair and give him a month. Then if he doesn't go wait for him to go out, remove his stuff and change the locks.

There's no written contract, no deposit and I presume the rent is paid with cash? If so you'll have nothing to worry about legally.

You must be a lawyer.. Just for reference though can you point us all to the source of this information.

Just a heads up though. You wont find anything anywhere in this country that could back up your claims

cainer · 5 Apr 2015 at 16:25

Cavallino said:
So can I just get this right. Because you were just one day over, the landlord turfed you out? Even though you explained to him etc? And presumably you were going to pay an extra days rent?

there are rules of law that must be properly addressed when you move a tenant out of your property,
thats why he sued them for a couple of grand

,
in the OP's case, the OP needs to do things by the book, i think it would be best that he assume's that his tenant has a tenancy agreement by proof of the fact that this guy is actually living there and has done for some time, in which case he must be served with a MINIMUM of 2 months notice, otherwise the OP could also be liable for such a claim against himself

mattyg · 5 Apr 2015 at 16:29

cainer said:
there are rules of law that must be properly addressed when you move a tenant out of your property,

Just to clarify though. YOU can't move a tenant out of your property. You can ask them to leave and if they go, Great. But YOU can't make them leave. Eviction is a court process. You have to get a possession order first and then bailiffs can re-posses the property.

But as a landlord their isn't a lot YOU can do.

Rest of what you wrote doesn't need to be pedantically re-written...

cainer · 5 Apr 2015 at 16:37

mattyg said:
Just to clarify though. YOU can't move a tenant out of your property. You can ask them to leave and if they go, Great. But YOU can't make them leave. Eviction is a court process. You have to get a possession order first and then bailiffs can re-posses the property.

But as a landlord their isn't a lot YOU can do.

Rest of what you wrote doesn't need to be pedantically re-written...

im a tenant being served a Section 21 (4) (a) notice at the moment so i see it from the tenants point of view

JaWalks · 5 Apr 2015 at 16:39

mattyg said:
You must be a lawyer.. Just for reference though can you point us all to the source of this information.

Just a heads up though. You wont find anything anywhere in this country that could back up your claims

Just my experience.

Evicted a few lowlifes and helped friends do similar.

mattyg · 5 Apr 2015 at 16:39

cainer said:
im a tenant being served a Section 21 (4) (a) notice at the moment so i see it from the tenants point of view

I'm currently buying a house and the people I'm buying off are moving into one of their other properties that has tenants. They've served a s21 to them and I kinda feel bad for them.

Not bad enough to pull out of the sale though