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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amarni
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Sign Up14:48 PM, 20th August 2014, About 10 years ago
Hi Mike, Interesting...... Why are you "not in a hurry?" In your position I would be very concerned and want to get the property back under my control asap. It is obvious the couple are playing on your better nature and some kind of "guilt-trip" that you own two properties and they none...? ....why else you would you continue to accept this situation...?
Take the advice you are given, sort out this matter and move on.
amarni
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Sign Up14:53 PM, 20th August 2014, About 10 years ago
I do not know where you live but changing the locks would be your right. A thought: Imagine if they were to be homeless during the Autumn months or Christmas - how would you react then feel if their case got into the news......?
Sharon Betton
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Sign Up12:48 PM, 22nd August 2014, About 10 years ago
Reply to the comment left by "amarni 1" at "20/08/2014 - 14:53":
I am sorry Amarni 1, whilst having every sympathy for this gentleman who did someone a favour and now has had them in his property long-term, I do not believe he has the right to change the locks. The occupier has a license as he is there with the express permission of the landlord. A letter should be sent clearly stating "I withdraw my permission for you to remain in my property and would like you to leave by................. Failure to vacate will force me to go through the legal route to re-possess the property, which will involve issue of a 28 notice to quit and then Court proceedings, the costs of which I will recover from you".
All BankersAreBarstewards Smith
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Sign Up12:58 PM, 22nd August 2014, About 10 years ago
Sharon - which legislation do you suggest is used to repossess this property ?
amarni
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Sign Up14:09 PM, 22nd August 2014, About 10 years ago
Hi Sharon, To be honest I do not know if you or I are correct re changing the locks with lodgers under licence or verbal agreement (they are not tenants).
However Mike is behaving in a gentlemanly manner in this case and doing his utmost to avoid confrontations and situation possible escalating into violence, particularly with someone who once was a friend/neighbour. His post reads that the ex-friend is capable and given to using intimidatory and threatening behaviour. They are effectively lodgers who were licenced to live in one room in his second property
I have lodgers - also under licence - if I were to receive verbal or physical threats from anyone of them I would not only want that person out immediately and call the police to remove this/these person/persons.
Even 24 hours would be too long to wait. I also have the right to change locks to protect myself and my property............. Mike wrote how he used this house as a second home and stayed there for periods overnight etc.
He needs to have someone with him to be a witness when he serves them a notice to leave.
How am I incorrect in this?
Sharon Betton
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Sign Up14:42 PM, 22nd August 2014, About 10 years ago
Reply to the comment left by "All BankersAreBarstewards Smith" at "22/08/2014 - 12:58":
I believed this was under the protection from eviction act 1977 section 5 by the Notices to Quit (prescribed information) Regulations 1988.
Sharon Betton
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Sign Up14:48 PM, 22nd August 2014, About 10 years ago
Reply to the comment left by "amarni 1" at "22/08/2014 - 14:09":
Just read my post, Amarni 1 and I don't think I refer to them as tenants, they are occupiers, under licence. I agree with you, when living in the same house your personal safety is paramount, but this man is not. It is a property in the same street. Whilst I do not believe this negates the fact it is his second home, if this went to Court under Protection from Eviction Act, it would be difficult to prove that he felt that much at risk that he needed to change the locks. Landlords must always cover their backs. The notice to quit, issued on the basis of illegal occupation, is the only legal route - and he is an illegal occupier if he is told the landlord no longer wants him there, as I said in my previous post.
All BankersAreBarstewards Smith
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Sign Up15:51 PM, 22nd August 2014, About 10 years ago
Reply to the comment left by "Sharon Betton" at "22/08/2014 - 14:42":
the protection from eviction Act applies to tenancies... no rent has been paid... this is not a tenancy
Romain Garcin
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Sign Up16:45 PM, 22nd August 2014, About 10 years ago
The Act applies to both tenancies and licences.
Mike
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Sign Up23:54 PM, 22nd August 2014, About 10 years ago
Thank you Mandy, for your very sound advice, I will give it a go definitely.