13:18 PM, 6th August 2014, About 10 years ago 51
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I allowed a homeless couple with no children, I knew, to move into my second home, they were evicted for non payment of rent, but as I knew them I took a pity on them as they came to seek my help and had tears in their eyes, so as a fool I offered to help them!
I had a 2nd Home, it was empty property undergoing slow renovations at my own pace, so I had no rush to complete it as I was not going to rent it out, so I took pity on them, and offered to move them in one of the finished rooms, but only on a temporary bases until they find a suitable place to rent somewhere else, I expected them to have stayed no more than one or at the most two months. so I drew no contract with him, or gave him any written terms and conditions of their stay.
It was for free, no rent to be paid, as I knew them, and they were somewhat like friends in need, so I bend backwards to help them in their hour of need.
When 3 months had gone, they were still there, and were not really trying to look for any place, I could see they were slowly buying and gathering more stuff and filling my place up, so I warned him that he should not bring in any more stuff as I had only allowed him space for one room and use of kitchen facilities and bathroom, but they started to make my home as theirs, filling in one cupboard after another and by 6 months they had half of all kitchen units filled up with their stuff.
So I became furious, and told them they must either leave or pay me some money towards utility bills, as they were using 95% utilities including winter heating bills I paid, so we reached an amicable solution that they must pay me £150 per month towards utility bills and 50% council tax,.
14 months later, I am now being intimidated, and total amount they have paid me is only £950. And continue to refuse to leave when I ask them to find another place.
So now I am trapped, I cannot force him to sign a contract, or a tenancy agreement as Newham Council has now made it mandatory for all private landlords to obtain a selective license, so I cannot force a contract or charge then rent until I can apply and get a Selective license, He has threatened me at various times, does not respect me the fact how I helped him when he became homeless, and does not appreciate anything at all, he lacks understanding English as he is from Romania.
I am stuck, I don’t know what to do. It is costing me money to put him in my house for free, and her even tried to install a huge 3 foot diameter satellite dish on my Chimney stack, I ordered him to take it down at once as he did not seek my permission as well as I had told him that the accommodation was only temporary and he must not try to make it as permanent, I also warned him about the need for a TV licence if he must watch any TV or satellite programmes, but he seems to care little for UK laws.
I need desperate help to get rid of him legally.
I will never help anyone again, lesson learned hard way. Never feel pity on anyone any more, cruel world out there, and the law is on these piss takers side.
Can any of you offer any helpful suggestion please?
Thanks
Mike
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Philip Savva
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Sign Up9:03 AM, 7th August 2014, About 10 years ago
S***t that's a nasty one! I feel for you Mike, B*****s, but I think the best advice is that of Mark, I would go down this route!
Mandy Thomson
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Sign Up9:06 AM, 7th August 2014, About 10 years ago
Reply to the comment left by "Romain " at "06/08/2014 - 16:53":
Hi Romain
Although the money the occupiers have paid is over the nominal rent threshold you quote, as it was purely for utilities and council tax, and not for the use of the accommodation, would it still be considered as rent? Could Mike therefore not argue that it's not a AST on that basis?
All BankersAreBarstewards Smith
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Sign Up9:18 AM, 7th August 2014, About 10 years ago
Reply to the comment left by "Mandy Thomson" at "07/08/2014 - 09:06":
This is the very first question I asked - but OP has chosen not to answer it.... this is the material fact in all this. I have learned with scamsters and bullies that sometimes I cannot win my own battles. If you throw yourself on the mercy of the the council enforcement officers - write to them, pleading ill health, stress, worry that you are not able to run your business legally, needing their help, asking for contacts with the local immigration staff, and generally play the "I want to be legal" card... the council could help - if they don't, and if they subsequently take action against you for non-license offences ... you will at least have a paper trail of proof that you tried to comply. I used this method very successfully in the past. I have a mate in immigration if you want to speak direct....
Mark Alexander - Founder of Property118
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Sign Up10:58 AM, 7th August 2014, About 10 years ago
Reply to the comment left by "All BankersAreBarstewards Smith" at "07/08/2014 - 09:18":
Yes but the word Newham appears here. I therefore stand by my suggestions.
.
Romain Garcin
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Sign Up16:48 PM, 7th August 2014, About 10 years ago
Reply to the comment left by "Mandy Thomson" at "07/08/2014 - 09:06":
Hi,
I do not know what would be considered rent by a court in general.
However, here Mike said that the agreement is that the occupier pays him £150 per month: that looks very much like rent to me.
Mark Alexander - Founder of Property118
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Sign Up16:55 PM, 7th August 2014, About 10 years ago
Reply to the comment left by "Romain " at "07/08/2014 - 16:48":
I disagree, Mike has made it very clear that this payment was an agreed contribution towards the costs of utilities used by his "guests" during their stay.
.
Mike
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Sign Up17:32 PM, 7th August 2014, About 10 years ago
Mark is right, I said it from the onset, that I even told the occupiers that I cannot charge him any rent, as I AM NOT licensed but he must pay towards the Bills for gas, water, electric and part Council tax, Please tell me where in London can you get a use of a house with all the facilities of a large kitchen, bath, Dining room, and 1 bedroom and clean and part carpeted with brand new carpets and exclusive use for £150 per MONTH including ALL bills and Council tax?
That is £5.00 a day! Now which Judge would decide if this is rent!
I have had this house for over 10 years and have never rented it out to anyone, why would I suddenly want to rent it now for £150 a month? And I know If I get a license and put it on a rental market I can get at least £1200 PCM with the occupier responsible for all bills.
Marc Welham
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Sign Up21:09 PM, 7th August 2014, About 10 years ago
If you are going to move into the property yourself, you can use violence to secure entry. (Which basically means you can break in) . As they are effectively squatters. At the very least I would stop paying the utilities. And explain to the utilities companies the situation, as they are squatters they maybe willing to turn them off or at least make them responsible for the utilities they are using. Also tell the council tax people, unless you have been claiming a discount. They should make them pay the council tax. If they won't tell you if they are claiming, phone the hotline anonymously and tell them they are making a false claim. Hope you sort it all out soon
Mark Alexander - Founder of Property118
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Sign Up7:34 AM, 8th August 2014, About 10 years ago
Reply to the comment left by "Mike " at "07/08/2014 - 17:32":
So what are you going to do Mike?
.
DAVID BREWSTER
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Sign Up7:43 AM, 8th August 2014, About 10 years ago
Just a quick word.
Most of my Property Owner Insurance clients have Legal Expenses covered used for just this type of thing. Anything in place here?
David