Am I tenant of father (owner)? Can he exclude others?

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

    Am I tenant of father (owner)? Can he exclude others?

    Hi Please,Please could someone give me any advice.
    My dad bought a house for myself and baby to live in, i dont pay any rent but pay all the bills and c/tax. My parents live in their own house. My dad also has my car registered to him. He is a very controlling person.

    Anyway i met a bloke very nice and he stayed over a couple of times the last time i was at work and my dad let himself into my home and threw my fella physically out of the house. He has told me even if a friend nips round i have to ask permission to let her in. I know this is ludicrous but hes now saying i've got 1 week to leave the property if i dont like it.

    Can he do this do i have tenant rights. Please any help i would really appreciate. Thanks in advance.

    #2
    Family situations are difficult. It is probable that you do not have a tenancy. However, he cannot just throw you out. He needs a court order to do so.

    If you keep ringing him up to ask every time a friend is due, will he get fed up?

    Comment


      #3
      Hi Lawcruncher,

      No he will not give up he is very controlling i am looking for a house to rent so i can lead my own life but i need time to get bond and rent together. What do i do if he throws my stuff out when i'm at work? Can i stop him just walking into my home whenever he likes?

      Comment


        #4
        Originally posted by Cat1974 View Post
        Hi Lawcruncher,

        No he will not give up he is very controlling i am looking for a house to rent so i can lead my own life but i need time to get bond and rent together. What do i do if he throws my stuff out when i'm at work? Can i stop him just walking into my home whenever he likes?

        No, he can't do this. It sounds a very difficult situation, but what you can do is to change the locks so your dad cannot carry out his threats. That will give you some 'breathing space' so you can get a deposit etc., together.

        Write to your dad, explaining that you find his behaviour intimidating (you could, if you wished, tell him that it would be seen as harassment if you reported it to the police). Tell him that you will be moving out as soon as you can afford to and that you will give him as much notice as possible. He may go ahead and get a court order for possession, but you can appeal against that, which will buy you some time, if the judge is sympathetic to you.

        It sounds as if relationships have broken down badly, and it's a shame it has come to this, but his behaviour is bullying, isn't it? You should not have to put up with that.

        Good luck - I wish you all the best in your search for a flat or house of your own. If your father has you evicted before you have found somewhere, the council may be obliged to house you and your child. Have you asked them?
        'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

        Comment


          #5
          Thanks Mind the Gap,

          I have started looking for new house as i have tried speaking to him but no good. Need to leave and have fresh start but will report him if he continues in the meantime. Thanks.

          Comment


            #6
            Originally posted by Cat1974 View Post
            Thanks Mind the Gap,

            I have started looking for new house as i have tried speaking to him but no good. Need to leave and have fresh start but will report him if he continues in the meantime. Thanks.
            I agree with this.

            Comment


              #7
              Originally posted by Cat1974 View Post
              My dad bought a house for myself and baby to live in, i dont pay any rent but pay all the bills and c/tax. My parents live in their own house. My dad also has my car registered to him. He is a very controlling person.

              Anyway i met a bloke very nice and he stayed over a couple of times the last time i was at work and my dad let himself into my home and threw my fella physically out of the house. He has told me even if a friend nips round i have to ask permission to let her in. I know this is ludicrous but hes now saying i've got 1 week to leave the property if i dont like it.

              Can he do this do i have tenant rights. Please any help i would really appreciate. Thanks in advance.
              Originally posted by Lawcruncher View Post
              It is probable that you do not have a tenancy. However, he cannot just throw you out. He needs a court order to do so.
              Yes. The absence of rent means that the 1988 Act cannot apply, for starters. Did your friend threaten:
              a. to sue your father for assault (tort); or
              b. to report the assault (criminal) to the Police?
              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

              Latest Activity

              Collapse

              • Reply to End of tenancy questions
                by leasee123
                So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
                02-12-2021, 09:56 AM
              • End of tenancy questions
                by leasee123
                Hi,

                I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
                01-12-2021, 21:08 PM
              • Reply to Alternative ways to enforce a Peaceable Eviction
                by bob369
                I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
                Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
                02-12-2021, 09:54 AM
              • Alternative ways to enforce a Peaceable Eviction
                by bob369
                Hi,

                A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

                I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
                24-11-2021, 23:16 PM
              • Reply to End of tenancy questions
                by jpkeates
                You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

                The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
                02-12-2021, 09:50 AM
              • Reply to Granting a very long AST (to a family member)
                by Section20z
                The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
                02-12-2021, 09:44 AM
              • Granting a very long AST (to a family member)
                by meehr
                For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
                01-12-2021, 23:27 PM
              • Reply to End of tenancy questions
                by leasee123
                But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
                02-12-2021, 09:43 AM
              • Reply to who's repsponsibility
                by jpucng62
                Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
                02-12-2021, 09:20 AM
              • who's repsponsibility
                by madmaxwell
                Received message from tenant saying the storm last week had caused the bush/tree at the front of the property to blow over and could I sort asap. I replied I didn't know there was a bush/tree at the front of the property and enclosed the inventory photograph of the front showing this. The tenant responded...
                02-12-2021, 08:54 AM
              Working...
              X