Rented without a lease

So 8 months ago i got a great offer to move in with my girlfriend to her aunties house at a reasonably low price. at first we agreed (verbally) we would rent it for 4/5 years until she sold it. 3 months ago she started back tracking and was saying she wants the house back after a year.

Anyways me and the girlfriend split up, she moved back to her mothers last week, she spoke with her aunty and said i will need at least 4 weeks to find somewhere to find. She seemed to agree that 4 weeks is fine but apparently wants me gone alot sooner, she even showed up last night and stayed in spare room ( her son lives with us also that was part of the deal)

Have i got any rights here to stay the full 4 weeks and to not have her in the house routing through my presses at 1AM and staying over?
It could go down an ugly road id rather not go down, she hasn't paid any income tax nor claimed this extra income either.
I have asked her through my ex to write me a letter to say I'll be out of the house in 4 weeks for the council as i might have to go homeless as this was very sudden, havent heard anything yet.

I cant get to citizens information until during the week as only back to work aswell. absolute nightmare,

Just want to add she rushed us into moving in as she was stuck for money at the time,while i wanted to wait till after xmass. and now she is rushing me out, although i would rather be staying here until the end of the rental year but i thought id be nice and offer the 4 weeks.

davo10

[Deleted User] wrote: »

So 8 months ago i got a great offer to move in with my girlfriend to her aunties house at a reasonably low price. at first we agreed (verbally) we would rent it for 4/5 years until she sold it. 3 months ago she started back tracking and was saying she wants the house back after a year.

Anyways me and the girlfriend split up, she moved back to her mothers last week, she spoke with her aunty and said i will need at least 4 weeks to find somewhere to find. She seemed to agree that 4 weeks is fine but apparently wants me gone alot sooner, she even showed up last night and stayed in spare room ( her son lives with us also that was part of the deal)

Have i got any rights here to stay the full 4 weeks and to not have her in the house routing through my presses at 1AM and staying over?
It could go down an ugly road id rather not go down, she hasn't paid any income tax nor claimed this extra income either.
I have asked her through my ex to write me a letter to say I'll be out of the house in 4 weeks for the council as i might have to go homeless as this was very sudden, havent heard anything yet.

I cant get to citizens information until during the week as only back to work aswell. absolute nightmare,

Just want to add she rushed us into moving in as she was stuck for money at the time,while i wanted to wait till after xmass. and now she is rushing me out, although i would rather be staying here until the end of the rental year but i thought id be nice and offer the 4 weeks.

If the LLs son lives in the property, you are a licencee, not a tenant, she can move you out with a weeks notice, never mind a month.

Have you seen her tax documents? If not you should not speculate on her tax affairs.

whomitconcerns

davo10 wrote: »

If the LLs son lives in the property, you are a licencee, not a tenant, she can move you out with a weeks notice, never mind a month.

Have you seen her tax documents? If not you should not speculate on her tax affairs.

Op, not to further dampen your spirits but she can ask you to move out on a days notice if she wants....

davo10

davo10 wrote: »

If the LLs son lives in the property, you are a licencee, not a tenant, she can move you out with a weeks notice, never mind a month.

Have you seen her tax documents? If not you should not speculate on her tax affairs.

I know for a fact she doesn't claim this income it's the reason she chose to rent to us cheap rather than get the rent at market value and pay tax, also to hide from her ex husband but that is a different story.
So basically I am fubarred

whomitconcerns

basically yes...you will gain nothing by reporting her for anything....Take the time and find somewhere asap. Good luck!

davo10

[Deleted User] wrote: »

I know for a fact she doesn't claim this income it's the reason she chose to rent to us cheap rather than get the rent at market value and pay tax, also to hide from her ex husband but that is a different story.
So basically I am fubarred

Unless you have seen her tax returns you do not know this for a fact, you are speculating.

This is personal for your landlord as you broke up with the family member who got you into this property. I think you should plan to leave within days, the likelihood is that you will be evicted soon and with the son there, the locks will be changed. It's a messy situation but the writing was on the wall the second the relationship ended.

The thing is she agreed to give me four weeks and is now subtlety moving in and it was said she wants me out. We agreed at the start we had control of house over the son.again nothing written Down.
I didn't pay a deposit so that's something she needs to get the last months rent from me.

I also have a sky account in my name there, would it be reasonable to ask the other two to pay their share of cancellation and all? It was agreed it was in my name but we all split it. Just don't want to look scabby or bitter

She doesn't claim it as I helped her sort her free legal aid and advised against is that's how I know. If she claimed it she was over the allowance

Michael D Not Higgins

Whatever her tax situation is, is not relevant to your rights. You are a licensee with no more rights than a guest.

She had agreed 4 weeks but really if she wants you gone today she can. There is only guidance in this area and no minimum notice periods (the guidance is "reasonable notice" and is usually interpreted as the same length as the payment period).

The Sky package is your own concern, you can try to change it to a new address to avoid cancellation fees.

Oh I know it's not relevant as I said I didn't wanna go down the ugly route but sure I don't think I would report it either. Maybe I'll just tell her husband how much he is owed from his share of the rent. But that's only if she throws me out with a days notice.

Ah well I just have to accept that I am out of there sharpish. Wouldn't mind I just had a week off work if I'd of known I'd of had all the large stuff packed!

whomitconcerns

just to check, when you moved in, did you have 100% full exclusive use of the house for you and your partner?? As if you did then you may have acquired some tenancy rights?

whomitconcerns

whomitconcerns wrote: »

just to check, when you moved in, did you have 100% full exclusive use of the house for you and your partner?? As if you did then you may have acquired some tenancy rights?

Yes we had exclusive use of everything and all bills. I've looked it up the licensee thing im pretty sure now I am screwed?
Started helping herself to my lunch and all. I just know its going to end bad

whomitconcerns

If you moved in there with exclusive use with your partner and there was no written confirmation then I think you may have had a tenancy. Her moving in therefore would be a trespass and her notice would have to be at least 30 days and as over 6 months you would have extra rights...due to part 4 tenancy.

It all depends on how this all started..

Either way best to get out asap....

Is there anything online that would back it up that I would be classed as a tenant rather than a licensee?
Trust me I'd rather be outbid here as soon as possible but on such short notice I'm not able to find somewhere that I can afford so quickly.

I'll try stay calm about her being at the house but if she goes into my bedroom I won't be so calm. Have set up a trap just Incase she does :-)

Michael D Not Higgins

Stephen, when did the aunt's son move in? You said it was part of the deal, but was it part of the deal only when your ex moved out?

Honestly, this is very confused and messed up. Not least because there is a relationship breakdown and family involved.

davo10

whomitconcerns wrote: »

If you moved in there with exclusive use with your partner and there was no written confirmation then I think you may have had a tenancy. Her moving in therefore would be a trespass and her notice would have to be at least 30 days and as over 6 months you would have extra rights...due to part 4 tenancy.

It all depends on how this all started..

Either way best to get out asap....

LLs son lived there since op moved in, I'm pretty sure this means it's a licencee arrangement where op never had exclusive use of the property.

whomitconcerns

davo10 wrote: »

LLs son lived there since op moved in, I'm pretty sure this means it's a licencee arrangement where op never had exclusive use of the property.

This is what confused me, I thought that, then he said he and partner had exclusive use? OP this is crucial to where you are legally.

But as said....is it worth the hassle

Her son lived there from day one. Yes it is abit messy. The break up wasn't even that bad it was actually pleasant and mutual but this messing about is horrible.

whomitconcerns

Well that clarifies that. Your a licensee op for sure. Getttoutathere!

Sure we had exclusive use and pretty much looked after him aswell, But it is still unclear if that changes anything from tenant or licensee point of view.

whomitconcerns

whomitconcerns wrote: »

Well that clarifies that. Your a licensee op for sure. Getttoutathere!

Thanks sorry I got confused when you said I may have been classed as tenant with exclusive use.

Mrs OBumble

Deleted User wrote: »

Her son lived there from day one. Yes it is abit messy. The break up wasn't even that bad it was actually pleasant and mutual but this messing about is horrible.

Ok - so ask your ex to ask her aunt to cut you some slack.

And get busy househunting.

Forget about the legals of the situation: they're messy and unclear, and won't actually help you if she changes the locks or somesuch. Sometimes you just have to focus on the pragmatics.

Worst case, find a friend to stay with.

davo10

[Deleted User] wrote: »

Sure we had exclusive use and pretty much looked after him aswell, But it is still unclear if that changes anything from tenant or licensee point of view.

"Exclusive use" means it was just you and your girlfriend renting the house, living with the child of the owner makes you a licencee rather than a tenant. As a licencee you are effectively a "guest" in the house albeit a paying one and the LL can ask you to leave at any time.