Tenants refusing to leave

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    Tenants refusing to leave

    Hi

    I have a property that I let a friend live in. He was going through a rough time and my house was empty so I let him live there.

    My name is still on the council tax and all utiltiy bills, and I pay the mortgage. I have decided to get a company to manage the letting on my behalf, as I am not always in the country. I have told my friend that he has to either sign up to the terms of the letting agent, or he will have to find elsewhere to live. He is now refusing to leave.

    Can someone advise me on what my options are. I dont want to cause problems for everyone and want this sorted in the most amicable way, although judging by the way he reacted last night, that may not be possible!

    Any comments welcome

    Thanks

    SDB81

    #2
    Originally posted by sdb81 View Post
    Hi

    I have a property that I let a friend live in. He was going through a rough time and my house was empty so I let him live there.

    My name is still on the council tax and all utiltiy bills, and I pay the mortgage. I have decided to get a company to manage the letting on my behalf, as I am not always in the country. I have told my friend that he has to either sign up to the terms of the letting agent, or he will have to find elsewhere to live. He is now refusing to leave.

    Can someone advise me on what my options are. I dont want to cause problems for everyone and want this sorted in the most amicable way, although judging by the way he reacted last night, that may not be possible!

    Any comments welcome

    Thanks

    SDB81

    How long has he been there? Is he paying rent? Did he share the property with you or is he living in the whole property?

    Is he in any rent arrears?

    Comment


      #3
      Originally posted by sdb81 View Post
      Hi

      I have a property that I let a friend live in. He was going through a rough time and my house was empty so I let him live there.

      My name is still on the council tax and all utiltiy bills, and I pay the mortgage. I have decided to get a company to manage the letting on my behalf, as I am not always in the country. I have told my friend that he has to either sign up to the terms of the letting agent, or he will have to find elsewhere to live. He is now refusing to leave.
      SDB81
      It has to be you that signs up with the letting agent who then will manage the property for you.

      If he is the only one in the house then you have given him a tenancy. At least get the council tax and bills into his name. Are you charging rent? Have you taken a deposit? Is the deposit in a protection scheme?
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        It is me thats signing up with the agent, for them to manage it for me.

        I dont want him in the house any more, as I need a paying tenant to cover the mortgage. He doesnt really pay me rent as such, there is no agreed amount, he just gives me some money (and by some I mean £20 here and there) and does some jobs for me in the house (painting etc)

        He has been there over a year, longer than I wanted but he is a mate and the property is manned and he looks after it by doing jobs. But he doesnt pay rent as such - there is no direct debit set up, he doenst have a rent book and when he does give me the odd £20, I dont give him any reciepts.

        I havent taken a deposit no - he was a friend I helped out during bad times, and now he is saying he cant afford to live elsewhere so he wants to saty, but I have to have him out otherwise I wont be able to afford the mortgage. He has a room at his parents that he can go to, so I dont see why after I have done him a favour, I have to suffer.

        He lives in it on his own, and sometimes he has a mate staying who works between where the property is and elsewhere in the country.

        Comment


          #5
          As your friend pays no rent, he is not protected by the Housing Act 1988; see paras. 3 and 3A in Part I of its Schedule 1.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Ok thanks

            So if he refuses to leave, what option do I have? Call the police?

            Comment


              #7
              Originally posted by sdb81 View Post
              Ok thanks

              So if he refuses to leave, what option do I have? Call the police?
              Not if he is a tenant (even outside the Act). You might need to seek a Possession Order against him.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                I think these are the para's Jeffrey is referring to

                3 (1) A tenancy under which either no rent is payable or the rent payable is less than two-thirds of the rateable value of the dwelling-house for the time being.

                (2) In determining whether the rent under a tenancy falls within sub-paragraph (1) above, there shall be disregarded such part (if any) of the sums payable by the tenant as is expressed (in whatever terms) to be payable in respect of rates, services, management, repairs, maintenance or insurance, unless it could not have been regarded by the parties to the tenancy as a part so payable.


                You really need to get yourself a solicitor who is well versed in Housing Law.
                not all of them are, so check.

                Would you be happy for him to stay if he paid proper rent?
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                  #9
                  No dont want him to stay after the way he has behaved. He is claiming that he will say he has paid me rent etc, but how can he prove it? There are no reciepts, there is no direct debit and he gives me a small amount of cash periodically.

                  How do I go about getting a possession order and will it cost me money? I cant afford to go through a long court battle

                  Comment


                    #10
                    Did he agree to pay you rent when he moved in?

                    Did you live in the property with him at any time?

                    Could you move back into the property if you wanted to?
                    I offer no guarantee that anything I say is correct. wysiwyg

                    Comment


                      #11
                      No he didnt agree to pay rent

                      I havent ever lived in the property with him

                      Yes I could move back whenever I wanted

                      Comment


                        #12
                        Then move back into the property, as soon as you are in there his status will change to that of a Lodger. lodgers have very few rights, tell him to leave toot sweet, if he doesn't, call the police and have him put out. Change the locks. You have complicated things for yourself, I'm sure you know that. Do not let him know what you have in mind when you move back in. I think that because you are paying the CT and all the bills that this might work. Reason for moving back in? You cannot afford to live elsewhere!

                        This is a bit devious I know, but........
                        I offer no guarantee that anything I say is correct. wysiwyg

                        Comment


                          #13
                          Thanks - I have complicated things for myself by being supportive for a friend. I guess Ill go straight to hell huh?

                          I dont think thats going to happen to be honest - I live 200 miles from the property, so its not like I can like there and commute to work! I guess Ill have to go down the official route and get some kind of court order.

                          Which is the best to get?

                          Comment


                            #14
                            I'll have to leave it to others to advise you there I'm afraid, I'm no lawyer.
                            Seems a pity though, if you moved back in, even if only for a week, you could probably get him out. The Court route is going to be pricey and long-winded.
                            Good Luck.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment


                              #15
                              stb81:As a result of your kindness to your friend you have now dug yourself into a pit of legal problems with regard to this occupancy. Regrettably, it is going to cost you money to get this tenant out unless he volunteers to go of his own accord. jta has already posted the correct advice on the first page of this thread - you need the services of a solicitor who is experienced in landlord/tenant law. Not all solicitors are in this position and you are recommended to consult either our topic experts, the other solicitors who post here or this board's legal advertisers for the most cost effective solution to your problem.

                              Sorry to be the bearer of bad news.

                              P.P.
                              Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                              Comment

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