Landlords benevolence has backfired – please HELP!

I had a not dissimilar situation where the tenant eventually actually started to sublet too and changed the locks.
In the end I decided to sit down with them and explain that I was very sad to be having to sell the property as I had run out of money, and had a family member was very ill and that I needed to look after ( true) and was having to do a lot of building work, so yes I got the builders in. I also got estate agents in to do a valuation, and suggested where they might go for help. It took 6 months but in the end they moved on. I didn't actually sell it but it was empty for a long time after and but felt very relieved.
I’m wondering why they were homeless and what else might be going on?
Don’t lose your faith in people, this is just a bad experience.

Considering the property is not a commercial property but your second home, why don't you and seven or eight friends From a local friendly rugby club And attend the property and have at least a five or six day party? I'm sure if it was in my locality I could find you enough guys. It's your house and the summer party is quite appropriate I believe, don't you?
Kev

Reply to the comment left by "Mike " at "06/08/2014 - 23:20":

I feel really sorry for Mike, who was trying to help a friend, but the argument about common sense he gives is not really sound. Common sense does not let someone live in a property for 14 months without any form of agreement. Asking for no rent, he should have issued a license agreement, making it very clear what should be paid when; it is not common sense to pay for someone else's utilities; it is not common sense to ask for payments for utilities once someone has moved in and lived there, rent and bill free for some time; it is not sommon sense to see that the one room they have been given is over-flowing elsewhere. I would advise a notice to quit and then a court order, but as others have commented, the fact that any money has been accepted could create a problem. See a solicitor.

Lets give Mike the best advice, this could happen to anyone with a good heart. If I was Mike I would do the following. Blame Labour! Joke. Mike should move in there with friends in the unoccupied part of the property, thus creating Mr Romania as a lodger. Mike stays at his new home with his friends and has dinner parties, excluding Mr Romania. Mike NEVER leaves his new home a week (tells Mr Romania that he has sold/rented his former home) then tells Mr Romania to leave, giving him a note that he has two hours to pack his belongings as he is a lodger. Mike then phone community police (who know very little), they come, they tell Mr Romania to go to Wales.
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I am in Wales - I know a good caravan on a cracking site, but you have to share with fellow travellers...and not pay any tax! What a country!
Mike, do 70% of the above, take charge, be bold, have a witness (friend) stay there with you. CHANGE THE LOCKS ONCE HE IS GONE! Good luck my friend.

Reply to the comment left by "AA Properties Wales " at "16/08/2014 - 22:04":

I can see where you're coming from regarding Mike's situation, but for the benefit of anyone reading this who wants to evict a lodger - YOU CANNOT JUST KICK A LODGER OUT ON 2 HOURS NOTICE unless you're in the most extreme situation - i.e. lodger is violent.

By law, lodgers must be given "reasonable notice" i.e. commensurate with the circumstances, or failing that, whatever is in the contract. However, extreme situations aside, Giles Peake, solicitor with Anthony Gold, recommends one month's notice, which is the usual standard.

As for Mike moving in, if there IS a tenancy, he could only do this legally once the tenant had moved out or been evicted and on a practical front, these people sound desperate and unstable - I'd be concerned for Mike's safety, and certainly his well being and peace of mind.

I would like to know how Mike is getting on with this?

Hi Mandy, Nothing said or done yet, as soon anything happens I will come back and post here, I am in no rush, but this man is a liberty taker, if he won't pay for the bills, then he cannot stay there at all my expense. I am not charging him any rent, but he must pay for utilities, simple as that, I can kick him out whenever I want, I only have to give him a very short Notice, but I won't and I will give him more than enough time to find another place when I get real serious.

I am sure II have not contravened any housing Act, nor have I broken any regulations concerning mandatory licensing requirements as I am not acting as a Landlord or charging him rent, that's the truth and if authorities do not want to buy this then tough, I am standing my ground. and I will never ever help another homeless Human creature!

Hi Mike - I utterly accept your last post and can see where you are coming from. I gave someone 6 months notice once, to help them, and they refused to move out for more than a year, and left the house like a pigpen when they did,

If I were in your position - rather than seething, and feel badly treated (which you have been) - I would take action now. You will be amazed how differently you will feel once YOU are in control. Give them the required piece of paper to give them notice and then, once you see their response, you will know what you are dealing with.

I tend to agree that you are not acting as a landlord - and this causes "paperwork" difficulties, as no one here knows which legislation to use to take them to court if they won't voluntarily leave (and I think we know they wont do that.)

As I may have mentioned seeking free advice at a local solicitors free surgery may give you the legal answer necessary. Joining the Guild of Residential landlords https://www.landlordsguild.com is also another way to get excellent advice as to what to do. Adrian - their CEO is amazing on property law.

Good luck - and the sooner you give them notice, and resolve this situation, the better you will feel....

Reply to the comment left by "All BankersAreBarstewards Smith" at "18/08/2014 - 07:44":

I agree, and I think it is dangerous to leave this situation to fester.

It may well be that these people have had advice themselves not to make themselves intentionally homeless. If they do they will not be re-housed by the authorities.
.

Reply to the comment left by "Mike " at "17/08/2014 - 23:55":

Mike - I strongly suggest you contact Newham Council, WITHOUT giving your real full name, and tell them that you've allowed a friend to live temporarily in your other unoccupied home, and that they pay you so much for utilities and council tax only, but you have just served notice on them to move out. As you don't intend to rent the property again, you would like to apply for a notice of temporary exemption from requiring a mandatory license under s.62 or s.86 of the Housing Act 2004 - how do you do this?

I would make this query by email, rather than phone, so you're not dragged into disclosing your personal details.

If the exemption is granted, it is valid for 3 months. If your "tenants" are still there after 3 months, the council can extend the exemption at their own discretion.

I would also consult a solicitor with expertise on landlord and tenant matters under English property law. You can do this online very cheaply - I have used Just Answer for legal advice in the past and found them very helpful. I would ask them if the money the occupiers are paying is likely to be regarded as rent, or as a mesne profit (as you clearly told them the arrangement was temporary and wanted them to move out) and whether the tenancy would be regarded as a standard assured shorthold tenancy or under the circumstances, simply a common law tenancy http://www.legalhelpers.co.uk/helpsheets/helpsheet_commonlawtenancies.pdf which would make it easier to evict.