Eviction from Licence Arragement

demz

Hi,

Can I preface this by saying that I have only recently realised that I am not in fact a tenant, but rather a licensee in my home, but I was hoping I could request advice in this forum since I'm hoping I might have some rights similar to those of a tenant.

My landlord-licencer has served me and my 3 housemates an eviction notice for one month from today with no regard for the Covid-19 situation. Again, I know now that is a licencer's rights but I wonder if any of the below points can buy us more time:

1. I have lived here for 5 years but had only signed a licence agreement for 2 years, and have been living without a formal agreement for over 2 years.

2. The landlord doesn't live in the apartment. There is another, completely separate apartment in the building where they apparently have a special vacant room.

3. They haven't observed the Covid-19 eviction freeze. I've read on another thread how this is their right, and that's fair in legal terms, but it's would've been a small courtesy.

4. The reason (which I know now they don't need to give) was to fix a leak in the roof. My apartment is directly under the entire roof area and there hasn't been any leaks whatsoever.

Any advice would be appreciated

vandriver

Why are you not a tenant,if the landlord doesn't live with you?

punisher5112

If they don't reside there then you are a tenant.
Bring the case up with the rtb and don't move.

edanto

IF the landlord doesn't live in the same house, then you are a TENANT with all the associated rights. Keeping a pretend room for themselves in your apartment doesn't count).. the key question is whether or not they actually live there.

Can you clear that up?

ps it doesn't matter what they put in front of you to sign; but they may have broken rules if they made you sign an inappropriate doc and then gave illegal notice. I think you need professional advice; possibly from threshold if not a solicitor.

circular flexing

I agree, it sounds to me like you are a tenant and would have all the associated rights even if you didn't sign a lease.

punisher5112

You have part 4 rights anyway and with covid no evictions.

The only way he will get you is selling or major major upgrade works.

demz

Thanks for the above replies.

The landlord has definitely not ever lived here. In fact there is a completed separate apartment in the same building (the whole building is owned by the same person) and there are more unassuming faux-tenants living there.

But the landlord maintains that this special licence arrangement voids all our arguments.

punisher5112

demz wrote: »

Thanks for the above replies.

The landlord has definitely not ever lived here. In fact there is a completed separate apartment in the same building (the whole building is owned by the same person) and there are more unassuming faux-tenants living there.

But the landlord maintains that this special licence arrangement voids all our arguments.

He is talking absolutely through his hoop....

Rtb and get going right away as they're slow. Look up online and report. He probably hasn't even registered so he will be hit with late fee too.

circular flexing

demz wrote: »

Thanks for the above replies.

The landlord has definitely not ever lived here. In fact there is a completed separate apartment in the same building (the whole building is owned by the same person) and there are more unassuming faux-tenants living there.

But the landlord maintains that this special licence arrangement voids all our arguments.

How many apartments are there in the building? Does each apartment have it's own cooking/cleaning facilities?

punisher5112

circular flexing wrote: »

How many apartments are there in the building? Does each apartment have it's own cooking/cleaning facilities?

Even if the LL lived in the building it still wouldn't be a licencee agreement.


If it's a house share then that would be different.

demz

circular flexing wrote: »

How many apartments are there in the building? Does each apartment have it's own cooking/cleaning facilities?

It's three-story terraced house with 2 apartments (with their own kitchens, toilets, showers, etc) and a restaurant leasing the ground floor.

I'll be onto the RTB and Threshold immediately!

edanto

Might also be an idea to let the other tenants in the building know they have these rights and direct them to RTB. Safety in numbers etc. Give the landlord a bit of a headache and some well deserved punishment for trampling on people.

punisher5112

demz wrote: »

It's three-story terraced house with 2 apartments (with their own kitchens, toilets, showers, etc) and a restaurant leasing the ground floor.

I'll be onto the RTB and Threshold immediately!

Threshold are just a charity, they will be able to help you out with wording letter etc but not much more.
Rtb have the power