Complicated situation with the person who lives in the houseshare

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Complicated situation with the person who lives in the houseshare

    Hello everyone,

    I live in the house share at the same address for almost 13 years now. The house has been rented by me and few of my mates. One of them, since he was a senior, took over the house running duties. Because of him doing all this extra work (looking after front and back gardens, solving all issues with plumbing, breakage of appliances, taking all bills on his name etc.), he awarded himself with a big discount. At some point, 3 years or so in, there was this girl, who came to rent the room, and that she did. My mate, who was in charge of the house, started showing her attention and long story short they endup married. And man oh man, they did started to fight. They would challenge each other for who is in charge, they would have fights on the daily basis, some of them was physical fights. They could start a fight at 2 a.m. or at 4, like there was no one else in the house. They lived in the house as man and wife for almost 10 years. And the rest of the house was a part of it, well, witnessing the joy of happy married.
    Since my housemate was in charge of the house, his new (third) wife assumed landladies position and started to boss the people in the house with what they can and can not do. They silently took over the almost half of the garden and started growing the things, then they expanded and builded the cages of wood and chicken wire, to prevent the wild birds eating their strawberries, raspberries and blueberries etc. Obviously those spaces became theirs and off limits to everyone else... At some point they erected the aviary in which he would breed the budgies and she would keep chickens and ducks. At the beginning it was fun, but soon it started to annoy everyone, her landlady like behavior and bossing people around, by telling them what they can and can not do in the house they moved in 3 years before her. Naturally the fights between her and the rest of the houseates started too. The house running guy, saw the opportunity to reduce his rent even more at the expense of the housemates by overpopulating the house. At some point there was 8 people living in the 5 bedroom house, needless to say finding kitchen or shower empty was a rare thing... Often there was 4 people cooking at the same time. So basically what I want to point out, all the house was running for the benefit of two. Going to fast forward closer to the present day. The man, who was in charge of the house was arrested twice, because his wife called police after the fight, so eventually he ended up moving out, abandoning and leaving behind his "beloved wife" in the house. She is living here at present, she is paying the reduced rent, which her husband was paying for running the house. At the moment it is him and me on the tenancy agreement. So I can not increase her rent, I can not get rid of her also. She is a nuisance in the house, creating problems out of nothing, annoying everyone in the house. The current agreement expires soon, landlord told me that he will make me a Sublandlord and will give me permission to sublet the place. Needles to say I do not want that person, who was sucking everyones lifeforce for 10 years while paying nothing herself and her husband overpopulating the house for his own benefit.

    She lived here for 10 years, she is not on the tenancy agreement, she lives here because her lawful husband is on the agreement, but he is not living here any longer. They are still married.

    I do not want her in this house any longer. I will be the only one on the new contract with landlord. I will have permission of the landlord to sublet the house.

    Can I refuse her a new subletting agreement and ask her to leave?

    Sincerely
    P.

    #2
    No you can't. The landlord probably can't do a lot of what he is is doing either, including "making you a sub-landlord" as there is no such thing. This tenancy is almost certainly a big mess as I suspect nothing has been done properly and the house has been overcrowded. Does the landlord have an HMO licence? Is there adequate fire safety? If I were you I would get out of there and find somewhere else to live.

    Comment


      #3
      There are three working CO and smoke detectors in the house and they are regularly checked . There also are 2 fire extinguishers one with foam and one with CO2. They are also recently replaced the old ones.
      This is the house share. The contract expires soon. The landlord wants to make me the only tenant in the house and give permission to sublet the rooms, whatever that makes me I do not know the legal term. He said I can have a contracts with each of the people I want to live in the house and do not have to make a contract with the person I do not want to live in the house. The house is not overcrowded anymore as the person who was running it has left, some people have moved too. There are 5 of us in five bedroom house. I do not want to get out, I lived here for 13 years and I can stay for another 8. I am friends with my neighbours and mailman and most of the staff in my local food store, post office... I know the area, we have amazing garden. all is needed is to get that nuisance woman to move out. There must be a legal way to do that.

      Comment


        #4
        House share is not HMO, no? I am a tenant, I'm not supposed to know these things... Maybe I am in the wrong part of the forums?

        Comment


          #5
          5 seconds on google:

          https://www.gov.uk/house-in-multiple-occupation-licence

          A house in multiple occupation is a property rented out by at least 3 people who are not from 1 ‘household’ (eg a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’.

          5 unrelated people in 5 rooms, sounds like a HMO to me.


          Originally posted by Peyoteros View Post
          House share is not HMO, no? I am a tenant, I'm not supposed to know these things... Maybe I am in the wrong part of the forums?
          Yes, you are a tenant... BUT if you go down this path:
          Originally posted by Peyoteros View Post
          The landlord wants to make me the only tenant in the house and give permission to sublet the rooms, whatever that makes me I do not know the legal term. He said I can have a contracts with each of the people I want to live in the house and do not have to make a contract with the person I do not want to live in the house.
          You would also be a live-in landlord and they would be your tenants. You need to go and do some reading/research and understand what that entails.

          Comment


            #6
            Thank you for taking your time to reply and the link, which was informative...

            Originally posted by sam_cat View Post
            You would also be a live-in landlord and they would be your tenants. You need to go and do some reading/research and understand what that entails.
            Well, current contract is expiring in three months, so I am researching... Thank you for pointing out to the right direction.

            So, Iets say I become a live in landlord. All the people who lives in the house at present will have a contract with me. Can I refuse the contract to the person everyone in the house wants out? The person has no contract with the landlord at the moment, her husband does. Her husband abandoned her and move out, he is still on the contract which expires in three months. Her husband will not be on the new contract. They lived in this house for almost 10 years. How can we get rid of the person which poisons everyone's life in the house? She will not move out herself. It is like everyone in the house is a hostage to this crazy person. She would not move, we can't kick her? Is there any remedy? I have three months to understand what can be done to save the house from this little tyrant...

            Comment


              #7
              Could you please also be so kind and point me out to what I need to know about being a landlord? Please...

              Many thanks

              Comment


                #8
                If there are 3 or more people living there who are not related to each other then it is an HMO and you are in the right part of the forum.

                The landlord can't just alter the tenancy arrangement to suit him/you. There are people living there already who have tenancies or permission from tenants to be there. He would have to deal with this situation first before being able to make you the sole tenant. If he wants to end the tenancy with the others he will have to end it with everyone via notice and possibly a possession hearing at court and ultimately bailiffs if people are reluctant to leave. However, my bet is that he hasn't done half the things he would need to do in order to serve a valid s21 notice so he may be stuck with the current arrangement unless he is willing to pay the tenants to surrender their tenancy.

                Comment


                  #9
                  OK, so, is there a way for the real landlord to serve an eviction notice, let's say, if every single tenant in the house will make a complain to the landlord about the "person non grata", that she is a nuisance and troublemaker. Will this be sufficient to the landlord to evict the troublemaker? But then, she is not even on the rent agreement and her husband, who is, has moved out, and that agreement is about to expire... Damn... this is so... complex. All we want is to get the troublemaker out of the house... There must be a way.

                  Comment


                    #10
                    Could you please tell me what the "live in landlord" should read in order to understand what he gets himself in to... Thank You.

                    Comment


                      #11
                      See the link below.

                      http://www.lodgerlandlord.co.uk/

                      Comment


                        #12
                        Originally posted by Mrs Mug View Post
                        Many thanks!

                        Comment


                          #13
                          If you don't know what you are doing, I recommend you don't become the live-in landlord. you will get yourself into big trouble.

                          Comment


                            #14
                            Originally posted by DPT57 View Post
                            If you don't know what you are doing, I recommend you don't become the live-in landlord. you will get yourself into big trouble.
                            So you were born with the knowledge?

                            Comment


                              #15
                              DPT57, could you elaborate on your last statement please...

                              Comment

                              Latest Activity

                              Collapse

                              • HMO Leading Blogs
                                VictoriaH
                                Which are the leading blogs/ authoritative people to follow for HMOs
                                I've come across Ash Zuberi online
                                I was wondering who are the top 5 to follow?...
                                20-10-2018, 15:39 PM
                              • PAT testing cert
                                rugbyroom
                                Dear Forum,

                                I have a registered HMO and new council official wanting to see numerous cert etc which I have, however I have my own PAT tester (callibrated) and get someone to do the tests for me who simply attended a 1 day course through their work.

                                They cant give certificates...
                                18-10-2018, 12:03 PM
                              • Reply to PAT testing cert
                                rugbyroom
                                The test consist of plugging each appliances into a hand held tester to confirm wires etc are fitted correctly. A visual inspection and then a sticker stuck on the plug to confirm its safe. Council wants certificates to confirm this has been done, but I'm reading that a competent person can do this...
                                19-10-2018, 10:20 AM
                              • Reply to PAT testing cert
                                DPT57
                                I think that doing nothing may be better than letting an unregistered electrician "tinker" with the appliances but I guess it may depends on whether PAT testing is a licence requirement
                                18-10-2018, 19:39 PM
                              • Fire door, door stop requirement
                                fredfox
                                Hi, I'm struggling to find the legal requirement for door stops in a licensed HMO for 5 people, single tenancy agreement. We are installing FD30 doors on the bedrooms with closers and fire & smoke intumescent strips. I've approached the local council for guidance, but they are yet to come back...
                                17-10-2018, 08:34 AM
                              • Reply to Fire door, door stop requirement
                                fredfox
                                Thanks red40 for taking the time to respond, it was a very interesting and informative read. I share your frustration. I'll do as you have requested and look for the standards document upon which the door was certified. I did find several references to installing as per the manufacturer’s specification....
                                18-10-2018, 09:47 AM
                              • Reply to Fire door, door stop requirement
                                jpkeates
                                In theory, you can do it yourself.

                                In practice, use a local consultant - it’s a bread and butter job, they’ll know the local council and once it’s done, you’ll know exactly what you have to do, and will have the consultant as back up if the council are difficult....
                                17-10-2018, 15:25 PM
                              • Reply to Fire door, door stop requirement
                                red40
                                Yet more appalling advice from a local authority, what they are effectively doing is specifying remedial work to an important component of the protected means of escape without any knowledge of the burn time, no evidence of suitable and adequate testing to meet the 30 minute requirement and more importantly...
                                17-10-2018, 11:54 AM
                              • Reply to Fire door, door stop requirement
                                leaseholder64
                                The government de-nationalised this service over a decade ago. The fire service no longer provide this service, only enforcement.
                                17-10-2018, 11:13 AM
                              • Reply to Fire door, door stop requirement
                                fredfox
                                OK thanks. Inspection it is then, do you use the fire service or a consultant?...
                                17-10-2018, 10:37 AM
                              Working...
                              X