AIBU to want to leave our unlicensed rental before tensions worsen?

I am also confused about this unless the OP is in Scotland or Wales or one of the (relatively few) areas of England with a local licensing regime.

If he's not been paying tax, that's another matter, but HMRC aren't going to check you've protected a deposit or done a gas safe check or whatever. Not their job.

If you’ve had two years of paying below market rent, why are you both in such a bad situation financially? Surely all that saved rent has gone into savings for a future rental or at least to pay off any debt?

This

I have no experience of this whatsoever so sorry if this is completely naive. Can’t you just explain to council that you’ve been living with relatives but the situation is no longer tenable due to a change in circumstances by the owner. Do they need to know the previous payment arrangements? Surely plenty of people might live with relatives from time to time and just have an informal agreement over bills etc?

You are going to screw over your landlord aren't you?
He has learnt a bitter lesson from the pair of you

If your husband has a problem with what he says is "committing tax fraud" why did he happily go along with it when it suited him?

I mean that the council won't look in the licensing etc as per eviction

Mortgage issue is entirely different and separate to not having a licence and won't affect eviction at all.

Same with insurance.

It’s time the landlord registered the tenancy, told his bank and put the rent up to market value. Then you and your moral DH can figure out how to pay it.

Or you can move out and let this man and his children live in their house.

Your poor financial position is not his responsibility and it’s sounds as though he’s subbed you for two years.

@Tiredboymum22 do you and your husband work? You say you will have a guarantor , I feel sorry for them!

This is basically a row between your dh and your landlord. Personally I’d make clear to the landlord that you want to move out and your dh is being obstructive and at least that way the landlord will hopefully leave you out of whatever shit goes down between them.

I am a landlord and this sounds awful to say as you are talking about people’s lives but a family in your situation would be extremely undesirable to rent to on the private market. The IVA and poor credit means you had no hesitation to stuff people up in the past, which makes you a red flag to any landlord especially now the laws are so tight. I’d forget that other house that your husband doesn’t want to view, most likely you won’t get it anyways.

You need to work with the landlord to find a solution- perhaps that is him moving back in and having a lodger agreement like others have pointed out. Perhaps that is paying market rate so he can pay towards having his kids at weekends. Perhaps he is even open to buying a completely separate house for himself and getting a buy to let mortgage on the one you’re currently living in?

Whichever way you can’t just abdicate your responsibilities to house your own family by saying it was his fault when he helped you prevent homelessness for two years !!!

If you are wanting to leave DH but worried about logistics speak to women’s aid in confidence. There’s a lot of DH wants this but not a lot of what is in your or the children’s’ best interests.
If DH is at work potentially it’s you and children there if landlord and friends pay a visit. Easy to talk big when it’s not your dh having to deal with it or he’s not risking being ostracised by family.

Paying below market rent … have you been saving the money you have been undercharged, for a deposit on another house / rainy day fund.

I’m guessing not … why are your finances such a mess? You have had 2 years to get sorted . Your DH sounds hopeless, does he work ?

If you are refusing to move and he’s wanting to go down legal eviction route then he’s still better getting the paperwork in order now, rather than carrying on renting under the table so to speak. Otherwise what’s alternative he just lets you live there and never lives in his own house again.
Or he’ll go down unofficial route and evict you by changing locks or ‘persuading’ you to leave. It sounds like small area. Most people would see your behaviour as shitty and side with him. He sounds like he’s a hardworking lad who has bought house and done it up and now needs to live there to be a dad to his kids. I can’t see community or family treating you kindly in the circumstances.

Why doesn’t everyone do the right thing here? Just move out and if he rents it out again, he should do it properly. No one is coming out of this cover in glory so just get on with it.

They do whatever that type of person does, they’ve had the money, spent it and stitched up the companies involved.

They can play dirty, so hopefully the LL will do the same, move back in, start walking round his house naked, playing loud music, and making life difficult.

The “tenants” can then move out and deal with some other full charging landlord of a low class property, that they’re allowed to rent, from a LL who really is difficult.

This type of person can only be dealt with one way, fight fire with fire.

To be honest I think your DH is being a bit of a dick here.

He is going on about tax fraud, but he was more than willing to live in a property that was way below the market value, as you wouldn't have been able to afford it at market rent, plus he is the one with the IVA that means renting is difficult.

Your family member has maintained the property so although it hasn't been done by the book, it is hardly crime of the century.

But the biggest issue here is that he cannot actually evict you officially as he would need to issue an official S21, and he cannot do that as the correct paper work is not in place.

I suppose he could move in with you, which would make you and your family lodgers, so he could then write to the council and say that he no longer has space for you so needs you to move out. Lodgers don't need the occupation contracts. You'd have to get your story straight though.

Ultimately this person has done you a huge favour and given you 2 years renting somewhere you otherwise would not have been able to afford, so your DH should be nice to him.

If by "council house" they mean housing associations (who basically do council housing in many places) they absolutely do, it's factored into the banding placement.

I am starting to think you are the OP's husband 😂

How if they will struggle to meet affordability checks and don’t have a guarantor