PRS in 2014? What will happen to tenant numbers?

Reply to the comment left by "john handley" at "05/10/2013 - 11:28":

That's absolutely fine John 🙂

Hope you can help him Mark...please do update us. Shocking story!

Reply to the comment left by "john handley" at "05/10/2013 - 11:28":

Hello John

Thank you for calling me today to explain your situation which I understand as follows.

The property in question has been your own primary residence and your only home for 7 years. You own the property and have a mortgage on it which you can prove. All of the household bills have always been in your name and you can also prove this.

You intended to share your home with a lodger and purchased an agreement from WH Smiths in good faith. You were not aware of the difference between a tenancy agreement and a lodgers agreement. As it has transpired, you issued the wrong agreement, the man renting two rooms from you is legally your lodger, NOT your tenant. You are only aware of the difference between the two since speaking to me today.

When you fell out with your lodger you served him with the notice which came with the tenancy pack provided by WH Smiths. This notice is also NOT valid because your lodger is NOT your tenant according to the law.

You have explained that your tenant has been advised that he can evict you and that you should not be living in the property. This is bad advice. You have also explained that your lodger has legal aid on the basis that he has claimed that you have been harassing him. Again this is bad advice as this person is is NOT your tenant, he is your lodger.

What you need to do now is write to your tenant and also to the Council and the solicitors firm which are providing your lodger with legal aid.

You will need to say the following .....

Dear

I have taken independent advice and I have been told that I have issued a tenancy agreement in error. I have sent a copy of this letter to the Council and also to the solicitors who are providing you with legal aid.

I am the owner of this property and it is my sole and principal private residence. I have owned and lived at this property for 7 years and I enclosed my mortgage statement as proof of ownership. I have also enclosed copies of the household bills which are all in my name to show that this is my home.

Our arrangement was that you would share my home as my lodger and pay me rent of £??? per week/month. I have been advised that under the circumstances the tenancy agreement which I issued to you is not valid, hence the notice I served to you is not applicable as you are not my tenant, you are my lodger. I should have issued a lodger agreement but I didn't know the difference between a lodger agreement and a tenancy agreement.

Our relationship has broken down and under the circumstances I want you out of my home in the next 7 days. My advisers have confirmed that I am perfectly legally entitled to evict you without a court order 7 days from now.

Yours sincerely .......

Copies to:-

1) Name and address of Council
2) Name and address of solicitors acting for lodger

Reply to the comment left by "Mark Alexander" at "07/10/2013 - 16:21":

amazing - well done Mark! Hope John can sort this out swiftly.

Reply to the comment left by "Mark Alexander" at "07/10/2013 - 16:21":

Such nice people

Hi John
It's a good idea to stick to doing what Mark suggested.
Reducing contact with your lodger will reduce the chance of accusation against you.
Hope it all works out ok for you.
Can you keep us up to date on here?

Reply to the comment left by "Jay Jay" at "07/10/2013 - 21:10":

Your both Fab

This is the email I have sent to John this evening ....

Dear John

I have read all of the attachments you have sent, none of which are relevant to your case.

The person living with you is NOT your tenant. He is your lodger. It is this misunderstanding of legal terminology which has caused you so much grief to date.

What you need to do is send the following letter to your lodger with a copy to his solicitors and the Council and also your own solicitor if you can afford to employ one, I recommend recorded delivery.

Before sending the letters you may wish to contact the Police to make an appointment to tell them what you plan to do and to explain that you are fearful for your own personal safety. Take their advice.

7 days after sending the letters, the next time he leaves the premises I recommend you to get a locksmith to change the locks and leave a notice on the door to tell your lodger to contact your solicitor to recover his personal belongings. If he comes to the door, DO NOT answer it, call the Police immediately. Print a copy of this email ready to show the Police if/when they are called.

Below is the letter you need to send to your lodger, the Police, your lodgers solicitor and your solicitor ……

Your name
Your address
Your post code

Lodgers name
Lodgers address
Lodgers post code

Date

Dear Sir

Following numerous disagreements, legal action you have instigated against me and the time you assaulted me I decided that enough is enough and I have taken independent advice on my predicament. My advisers have helped me to construct this letter to you. I have also advised the Police that I am concerned for my own personal safety in my own home.

Our arrangement was that you would share my home as my lodger and pay rent to me in the sum of £??? per week/month.

The long and short of this is that I have been advised that the tenancy agreement which I issued to you is not valid, hence the notice I served to you is not applicable either.

I have been advised that I issued a tenancy agreement to you in error and that it has no legal basis in law. You are not my tenant, you are my lodger. I should have issued a lodger agreement but I didn’t know the difference. The fact that I am dyslexic has not helped matters and neither has my misunderstanding of the legal differences between the words lodger and tenant and what the correct agreement to use was in my case.

I am the owner of this property and it is my sole and principal private residence. I have owned and lived at this property for 7 years. I am able to prove this to the authorities by providing a mortgage statement as proof of ownership. I also have copies of the household bills which are all in my name to show that this is my home. I can also provide witness statements confirming this has been my home for the last 7 years if required. On this basis I have been advised that there is no doubt that you are indeed my lodger and not my tenant.

I have sent a copy of this letter to the Council, the Police and also to the solicitors who are providing you with legal aid.

I want you out of my home in the next 7 days.

My advisers have confirmed that I am perfectly entitled to evict you without a court order 7 days from now if you have not left by then.

My decision on whether to pursue my legal entitlement to 6 months of rent arrears and other claims I may have against you will depend very much upon how you act from this point onwards

Yours faithfully

John Handley

Copies to:-
1) Name and address of Council
2) Name and address of solicitors acting for lodger
3) Name and address of Police officer