Landlords benevolence has backfired – please HELP!

Reply to the comment left by "DAVID BREWSTER" at "08/08/2014 - 07:43":

Hi David

That's certainly worth looking into and can't do any harm.

However, I have a somewhat jaded perception of the value of these add on policies, most of which appear to cost the insurers little if anything to include. Please feel free to shoot me down in flames if you disagree but my perception is that claims go through to call centres which provide very low levels of legals advice, if any, and that claim form simply allow solicitors to cherry pick any potential CFA work (no-win-no-fee) and decline other claims which are anything other than a slam-dunk winner. My experience has also been that the solicitors used tend to be miles away and will arrange appointments at their offices, thus wasting significant time before the insurer eventually finds a reason to decline the claim. I can only assume that the motive for solicitors to provide this bolt on lead cover and advice to clients of insurers is to generate leads for privately funded work.

I did mention that I have a jaded perception of the value of legal expenses insurance didn't I?

Now of course I am biased due to being a Chairman of a direct public access barristers chambers. My logic though is that it's far better to cut through all of that BS, get a highly qualified opinion ASAP and then make a commercial decision on what you are going to do based on the advice provided.
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Bit of a simplistic attitude Mark.

I firmly believe that every commercial customer should have this cover and it depends on the quality. You have some costing a few pounds and others costing thousands in premiums.

In terms of successful claims, the majority I have seen have been accepted.

David

Reply to the comment left by "DAVID BREWSTER" at "08/08/2014 - 08:41":

Hi David

That's interesting.

What do you think of this please? >>> https://www.litigationwarranty.co.uk/
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Reply to the comment left by "Mark Alexander" at "07/08/2014 - 16:55":

Hi Mark,

I believe that how the 'landlord' wants to use the money is not important. After all rent is always a contribution to the costs, isn't it?
When the agreement is that the person can stay if they pay x per month, then to me that's an agreement to pay rent.

I think a court would judge based on the facts, not on how the payments are labeled.

We will:
a) cover the insured person’s legal rights in a civil action; and/or
b) arrange mediation;
for a dispute relating to material property (including the insured person's principal home and secondary home) which is
owned by the insured person, or for which the insured person is responsible, following:
1. an event which causes physical damage to such material property, provided that the amount in dispute is more than £100 ;or
2. a legal nuisance (meaning any unlawful interference with an insured person’s use or enjoyment of their home, or
some right over, or in connection with it); or
3. a trespass.

Well Mark, the above is typical of good quality wording (if it applies in this case). Your suggestion is just another form of legal Expenses funding but commercial L/E would cover in some cases compensation for loss of rent and lots more like compensation for unsuccessful Employment Contract dispute compensation.

Although the original query was does the member concerned have the cover with his building insurance and is it usable?

David

Reply to the comment left by "Romain " at "08/08/2014 - 09:15":

You may be right, I did say there were risks. However, what are Mike's choices?

If he seeks possession via the Courts then he is admitting the offence of letting in Newham without a licence.

Will the occupier actually go to Court? I think that is unlikely given the circumstances outlined in this thread.

I agree that a Court will consider facts, they will also consider balance of probability. Judges are not stupid and in the unlikely event of this matter ever getting to Court my gut feel (unqualified of course) is that any claims made by the tenant would be dismissed.
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Sorry for not coming back earlier Mark, not quite sure what I am going to do, still weighing my options, I do not have any insurance in place that covers me against rental or tenant issues, as it only covers for building structure, since I have always treated this as my second home, I had never let this property for rent,
I have had it for over 10 years and it has always been my 2nd home, and so most of the time it remains empty, I use it for storing my stuff, and only sleep there occasionally, just for fun! I bought it as a long term investment, for my retirement, if I had wanted to rent it, I would have rented it out a long time ago.

I am not sure which route to take Mark, and the last thing I need is any confrontation, since we have both known each other for over 8 years, as he had been my next door neighbour, and no one likes having enemies, or people holding grudges against you. Hence the reason why I helped him genuinely, he was not a stranger, I knew him well.

Just as well I helped him move in when he needed it, because he moved in March 2013, and from April 2013, the Newham Council sent me a an increased CT bill by 50% as they considered my 2nd Home as a Long Term Empty, being it is in the same street where my main house is! I disagreed with them, but they needed much more convincing, I told them we live in a democracy, and I can choose to have my second home where I want! They insisted otherwise, So in a way I stopped Newham charging me 50% more in CT by moving him in, this was not intentional, but just as well it stopped them charging me an extra 50% for having a second home in the same street, and by moving him in also helps deter intruders and illegal squatters.

At the moment I am weighing all my options, but please let me reiterate that I made it plain and clear to him that I was not allowed to charge him any rent, as to do that I need to be registered with Newham, and then if I did get registered, I will then need to charge him at least half the going rent plus the charges for utilities, that could be as much as £600 per month rent only for the same accommodation plus the bills. So in other words he would be paying around £750 a month.

Reply to the comment left by "Mike " at "09/08/2014 - 03:36":

Nobody likes confrontation Mike but I occasionally you have no choice but to stand up for yourself, regardless if the consequences.

I agree with you Mark, I normally back off any confrontation, I avoid it like a plague, but the other day when he knocked on my door at around Midnight, and wanted to talk to me to resolve an issue, I invited him to come in if he wanted to talk to me, he refused stating that he was angry with me because I had left some rubbish on the patio, which I hadn't, so that really infuriated me, so I replied to him who the hell do you think you are!
calling on me at this late to make a complaint! and you are not even paying me any money for bills and you have got such a cheek to make a complaint, and I insisted that he leave at once and I reminded him he has no right to come knocking at my door at such an hour to make a tedious complaint, so I slammed shut my door in his face.

A few seconds later, I thought about this, how ridiculous his behaviour had been, he obviously felt I would swallow his insults and intimidation and I would not retaliate to his insult, so I went out after him, caught up with him, just as he entered through the door, I was behind him, got inside and I then forced home my views on his behaviour, and reminded him that I am doing him more than a favour and he is taking liberties with my kindness, and I then told him to his face, that I will not tolerate this type of behaviour, and I could ask him to vacate my home, I also emptied all my pockets in front of him, to show him that I was not armed in any way with any offensive weapon and that I was not afraid of him, if that was in his mind, that he could intimidate or manipulate me and I would get scared, so his face I made it perfectly clear that I was not afraid of him, so he must not interpret my hospitality as my weakness.

Immediately he changed his stance and started to be bit more forthcoming and became polite, then promised that he would see me the next day with some money towards the bills.

(I will not let him intimidate me any more, and made it very clear that I will otherwise have no option other than to ask him to leave, to which he asked me if I would give him a notice and I said yes as a responsible person I would give you a reasonable Notice to leave if it came to it)

Reply to the comment left by "Mike " at "09/08/2014 - 11:50":

Hi Mike

A weeks notice is more than reasonable under the circumstances. By all means give him more but I think you will have to resort to the actions previously suggested at some point. Clearly this guy feels settled and is not likely to jump out of the nest of his own fee will, he's going to need a hard shove!
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