The Law about Tenants and Squatters.
By RieRie
@RieRie (820)
January 4, 2007 1:08pm CST
OK I live in England, I've lived in the same flat for over 2 years and my partner has lived there for about 3 years, the flat belongs to my partners brother, who said we could live there rent free (no contract was entered into.)
Well now, just today in fact his brother has said we have until February to get out (actually he waited until I wasn't there and just told my partner.)
Does anyone know the laws on this, I do know I have rights, but not sure exactly what we can do, we're planning to go to CAB, but any extra help and advice would be appreciated. Thanks.
3 people like this
13 responses
@scorpius (1792)
• India
5 Jan 07
not sure that u can do much since your partners brother owns the place.but that said yes every tenent has rights.i ahve researched some links and have posted them below adb hope that it helps you!
http://www.thesite.org/homelawandmoney/home/tenancyrights/yourrightsasatenant
http://england.shelter.org.uk/advice/advice-2932.cfm
http://www.bbc.co.uk/dna/actionnetwork/A1186157
@scorpius (1792)
• India
8 Jan 07
i agree and i think that some of your rights are being trampled upon.so please consuklt the links that i ahve posted on my post as well as consult a lawyer as well.i think that you may have to fight for your rights!good luck on your case!pls keep me updated and if i know anything else on this issue i will of course post it here or pm it to you.and have a nice day!!
@dorypanda (1601)
•
5 Jan 07
I agree with Pumpkin, she's quite right, even though you didn't have a written agreement, your partner did have a verbal agreement and an Englishmans word is his bond. Your partners brother has no legal right to force you out of your home, unless you've done something wrong such as you're living in a filthy hovel of your own making, but I know you're not so he can't do it because of that, he could also evict you if you had damaged the property deliberately, but I know you haven't done that either. Basically if he wants you to move out he should either give you three months notice or take you to court and apply for an eviction notice.
@dorypanda (1601)
•
8 Jan 07
Why are so many people assuming that his brother is a nice and generous person?
From the way I understand it, the brother asked your partner to move in to look after the place, he didn't want to move in, he was happy living where he was, but the brother pursuaded him to do it. Fair enough you and him have lived there rent free, but do these people not realise how much it's cost you? I mean you've had to pay the council tax on two flats, even though you only live in one of them, your partner's had to find new tennants himself, you've also had to pay two lots of all the utility bills as well, he's also only just had his name removed off the electorol register, there's definatly something funny going on there.
@pumpkinjam (8540)
• United Kingdom
5 Jan 07
Whatver agreement you have, he is required to give you at least 3 months notice to leave unless there is a problem. Assuming there isn't, you have the same rights as any paying tenant would have. I think but I'm not entirely sure, that if there is no written agreement then he still has to give you 3 months notice to leave. He has no right to forcibly evict you if you haven't done anything wrong. You are tenants rather than squatters because he knows you are there and has given you the right to live there so you should have tenants rights. The only thing he could do is to claim that you were living there without his knowledge but then he would have to prove it, that is the only way he would have any right to evict you with less than 3 months notice.
2 people like this
@tlex107250 (667)
• United States
4 Jan 07
If you have trouble finding a new flat, ask your partner to talk to his brother to see if he will give you another month to find a flat. Since it's a verbal contract, and it's your word against his, and he didn't charge for rent, then the 2 of you were very fortunate. If you feel that you must talk to a lawyer, then do it, but it might cause a problem for your partner and his brother.
@apostrofy (661)
• Romania
4 Jan 07
as far as i know if he's the owner and u and u'r boyfriend don't have any written agreement he can ask u to move away. u said he let u know this 1 month before u actually have to move out. i think it's a pretty decent notice, since he didn't kicked u right out and u still have a little time to find something else.
@pumpkinjam (8540)
• United Kingdom
5 Jan 07
Not meaning to be rude or anything but have you ever tried to look for a place to live in a month? It isn't decent notice which is why the law is that 3 months should be given (although that's not really long enough for some people)
1 person likes this
@nannacroc (4049)
•
5 Jan 07
If you had been aware that although no rent was paid all the bills for two flats have been paid by Rie and her partner although they only live in one of them I hope you would not have made such a rude comment.
@cutepenguin (6431)
• Canada
5 Jan 07
Here in Canada, one month's notice is sufficient. And considering he's given you guys a rent free place for 2 years, it might not be in very good taste to sue him. Can you imagine your partner explaing that to their parents and family - yeah, my brother gave us a free place to live, but then didn't give us enough notice to move out, so we went to a lawyer.
Have you tried talking to the brother about giving you guys more time to find a new place?
@mist2drizzle (71)
• India
5 Jan 07
C'mon! You and your boyfriend have lived in that house without paying rent for two years and three years respectively and now you want to take that kind soul to court?
If he has let you stay so long without asking for rent, I think you should be very grateful for that. If you think otherwise and are thinking of the 'law', I think you are being very ungrateful. I hope you don't do that.
@nannacroc (4049)
•
5 Jan 07
He's not that kind, he's let them pay council tax and utility ills for two flats, it would have been better for them to have paid rent.
2 people like this
@nannacroc (4049)
•
5 Jan 07
she never said anything about taking him to court, it'll be his own fault if she does though, he's been using her partner to dodge tax, as he's now a Spanish citizen, but he still owns property in England.
2 people like this
@p3halliwel2005 (3156)
• Philippines
5 Jan 07
I think your partners bro have all the right since he owns the place...Maybe he generously offered the place to you guys a few years back because he thought you'll look for a place to stay. Why not be just thankful to him for letting you stay during those years. Ask him that maybe he can spare a few more days til you get a place to rent so you wont have a hard time moving..
@Crickett (6)
• United States
5 Jan 07
I think in my state he would be required to give you 30 days notice of eviction. It would need to be clearly posted on the entrance to the house. After 30 days, the police could enforce the eviction. Not before. I think he's within his rights (at least in Florida.. I don't know about England) to give you until Feb. to find a new place.
