Nightmare Landlady Taken Up Residence in Living Room and Trying to Harass and Evict

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    #31
    Originally posted by Lawcruncher View Post
    I see all that. It just that, apart from being in parts offensive, the advice has been defeatist in tone. There are times when taking the line of least resistance is the best option, but there are times when bullies should be stood up to. It is up to the individual which line to take. Let's set out the options and then give an opinion as to which is best to follow and why.
    The advice has been defeatist because the op clearly set themselves up for a fall in allowing the son crashing in the living room to be part of their original terms. It could almost be argued the living room is the sons bedroom through which the room tenant are allowed through to access the kitchen.

    I think the op has a clear AST agreement for the room. Rights over the 'living room' are a different matter.

    So, things would be very difficult to argue in a court, not withstanding that the op likely has no money for such action.

    Any action through the council would probably take considerable time to resolve.

    Any action through court/council then the landlady will probably just evict them as a licensee. And that would be difficult to dispute with the 'son crashing there'. And would be a revenge action anyway and no help to the ops current situ.

    Hence everyone is advising move out. Get on with your life.

    Comment


      #32
      This would be a stupid battle to fight, the OP is in an untenable situation.

      It would take a while to work out what type of tenancy is in operation.
      There's no exclusive possession because of the son (unless that's a subordinate licence granted by the tenants rather than a condition of the verbal contract - or both of those).

      It's an HMO - and doesn't seem likely to meet the basic regulations, so involving the council is probably going to make the OP homeless.

      And, from an ethical point, the OP is happy that the deposit isn't protected because it makes them harder to evict.
      There's not exactly a right and wrong side to this dispute.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #33
        Originally posted by jpkeates View Post
        This would be a stupid battle to fight, the OP is in an untenable situation.
        Quite probably the case, I admit, but let's continue to cover all bases during the inevitable extrication process. It may at least prove useful to others in related predicaments, if not to ourselves.

        It would take a while to work out what type of tenancy is in operation.

        There's no exclusive possession because of the son (unless that's a subordinate licence granted by the tenants rather than a condition of the verbal contract - or both of those).
        Legal advice so far seems to agree that, as both bedrooms were let on an exclusive possession basis (lockable doors) with access to shared areas, then ASTs do exist. As for the son kipping in the living room "once in a blue moon, with notice ahead of time" it has been suggested by another legal source, similar to as stated above, that we have granted implied permission, subject to the notice and frequency promised, so a kind of subordinate licence - in effect he may be our occasional lodger. The issue is the practicality of ending that agreement now that the "notice" part has been abandoned and the frequency increased.

        It's an HMO - and doesn't seem likely to meet the basic regulations, so involving the council is probably going to make the OP homeless.
        It's the breach of the Housing Association tenancy rules that would be likely to make them (and us) homeless (remembering, of course, that they have other homes to go to). What I can't determine from an anonymous chat with the Housing Assoc is what the timescale would be from when a tenancy audit was triggered to when possession might take place and whether we, the occupiers, would get any warning, other than by noticing an envelope addressed to the tenant with the HA's return address on the back (assuming they didn't get to the mail first). If the possession process has to go through the local Court then I can keep an eye on the cases scheduled for each week, but I'm concerned that there may be an accelerated method for the HA to gaining entry, by-passing the Court.


        And, from an ethical point, the OP is happy that the deposit isn't protected because it makes them harder to evict.
        Having had our two weeks "deposit" then treated as "rent until the end of this month, on top of the month in advance starting from the 1st of next month" then having a deposit demanded a week or so later, I was "happy" only in the sense that arguing about it with our new landlord would have started things off on the wrong foot. It seemed like it might be useful to acquiesce - we didn't set out to do it that way.

        There's not exactly a right and wrong side to this dispute.
        It' not as if we realised at the time that she didn''t own it outright under a right-to-buy, or a shared ownership scheme - there was never any suggestion of "I'll do you a good deal but nudge-nudge, wink-wink, know-what-I-mean...", etc - we thought the trade-off was allowing the son to kip over. Nor were we looking to break any verbal agreement. We were reasonable and flexible and she has become tyrannical.

        Comment


          #34
          OP,

          You have likely an AST for your room only. Locks on the bedrooms makes this more definite. The son is certainly not your occasional lodger.

          Comment

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