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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

AIBU to be absolutely shocked at my friend attitude towards her landlord and her not want to move out ???

257 replies

SpikeHairandFab · 28/04/2014 13:57

Hi, I just need to get some perception ,sorry ,I am afraid it is going to be long
My friend is buying house, she has wasted almost 5 months waiting for her dream house but she didn't get it at the end ( due to some massive muck up from vendor side, not her fault) . Now she is in process to buy a new house. Everything is o.k with this one ,she will move in at the end of June.
The problem is her landlord has served her a notice to vacate the house . It was served in Jan ,and her last day should be 24th of May. But she saying she will not move out, she will stay 5-6 weeks longer, even though her landlord sold the house he is living in now, and he want to move to the house she is renting from him.
I tried to explain to her that she really need to move out,as it is not fair on her LL , that he has given her enough time to sort something out ,and that the Law is on his side , but she saying she has nowhere to go, and she can't rent anything short term ,as it is going to be expensive. She also saying that he will have to get her to court , and that will buy her around month or so, she thinks there will be no consequence at all , she will go when she is ready , and she doesn't give a sh@t about her LL. Also she said she will stop paying him rent from 25th May , as he getting her to court !!!! I this point my jaw just dropped to the floor
I know she has 3 kids and therefore a lots of stuff , but it seems like she is trying to get advantage (not paying rent) out of this whole nasty situation.
I am really trying hard not to be judgy ,but I can't help, she is in very tough situation but I think she should at least try to do something.

Is she right that there will not be any consequence at all? She said she was reading some forum and that she got that info out from it.

She is my very good friend and even though I don't like what she's doing ,I really need to help her(not that she asked for any help). I have offered her to borrow some money , but now I am more concerned about what she is getting herself and her family in to by not moving out.
Will she get any record ?
Any advice would be highly appreciate .
Thank you for reading

OP posts:
yellowdinosauragain · 28/04/2014 15:10

What nonsense ballinacup. I work an hours drive away. Public transport would take 2 hours minimum exec without the time I'd need to wait around for, and quite possibly wouldn't get me there for 7.30 when I need to start. And added onto a day which sometimes is as long as 13 hours would be massively debilitating. The financial costs for a taxi would be upwards of £50 a day. So easily as much as a cheap hotel.

Laymizzrarb · 28/04/2014 15:14

And you are thinking of lending her money????

Good friends you may be, but she obviously doesn't have very high standards when it comes to respecting other people; friends or LL. By withholding her rent purposefully, she is stealing from the LL and yes, she deserves a ccj or record. The same as if she stole from a shop.

I rent out a place, and treat my tenants very fairly. If I gave them all that notice and they still chose to treat me with contempt then yes, I would take it to the small claims court or try any other way to get my money back. Why should I 'give' hundreds of pounds to them? There are far more deserving causes. My Neice and nephew at University for example.

Her LL has a copy of her notice to quit and will find it extremely easy to recover the money. It will be found in the LL favour, and if she refuses to pay, she will have to add another few hundred on for bailiff recovery costs. This is HER choice on how she behaves. No one else's.

ballinacup · 28/04/2014 15:15

But it's not a car. It's her home.

And as for where to build more social housing wow, how about on the 90%+ of the UK that isn't built on? Houses are someone's home, their home.

I'm sure the LL can find himself a cheap hotel. After all, he'll be intentionally making himself homeless, something tenants are told to never ever do...

wowfudge · 28/04/2014 15:18

ballina - She is unscrupulous in not paying the rent. The fact that you have said IYO she should pay it doesn't change that.

Frankly she should have factored the possibility of having nowhere to live for a few weeks into the cost of her house purchase and thought through what she was going to do. Plenty of other people do. She doesn't have to stay in a hotel; she could store her stuff in a friend's garage (for example) and stay with relatives for a few weeks. Lots of other people do just that. When I bought my first house, the vendor agreed a completion date and moved out. They lived with family for a couple of weeks before they could complete on and move into their new place.

Reverse things and think about it: tenant gives LL notice as she has completion date for house purchase. LL finds new tenants to take rental property and agrees move in date. Tenant's sale falls through. Would you expect the LL to let the tenant stay on in those circumstances? What about the new tenants?

ballinacup · 28/04/2014 15:22

I don't think you're going to persuade me to feel pity for the LL wow. And the situation you described is not the one the OP's friend is in.

She should pay the rent, but saying she won't may be bravado. The LL is providing her with a home. Presumably he wasn't upset when she was chipping away at the mortgage on his investment.

writtenguarantee · 28/04/2014 15:23

Imagine the cost of staying in a hotel or similar for six weeks.

I was in a similar position, and i had to do this. we are not poor, so I am not going to just declare it's easy, but we did this in London for around 75/night in zone 1, so my guess is that it is less expensive elsewhere. I have two kids, and no I don't think that entitles me to be a jerk and just break rules. We didn't get a 3 bed like the house we were about to buy or a two bed like the rental we just left (as that would be too expensive), but we got a 1 bed and made do. we lived out of suitcases. it wasn't fun at all. But we coped.

How do we know the landlord doesn't have 3 kids? he may be in a similar position, except he is following the rules.

squishysquirmy · 28/04/2014 15:23

Does the landlord know she's planning this? Otherwise he is going to have to sort out short term rental/cheap motel plus storage for himself at much shorter notice than she has had!

fishybits · 28/04/2014 15:28

Your friend is an idiot. Correct he can't get her out in a month but he can bill her for every expense he incurs including accommodation and storage charges.

I've seen it done and cost to the tenant who thought he was being very clever ran into thousands.

jacks365 · 28/04/2014 15:30

If the landlord has decent advisers at the letting agency then they would have advised him to allow time for an eviction order. If the tenant was asking the council to rehouse her rather than buying then the council would tell her to stay put. I do agree she should pay the rent but staying beyond the deadline does seem to have become the norm.

AgaPanthers · 28/04/2014 15:32

I can understand why she would not pay rent, because it weakens the landlord's negotiating position.

Ultimately however what she is doing is not a crime, it's a civil matter and not shocking.

wowfudge · 28/04/2014 15:32

ballina you have no idea whether the LL has a mortgage on the house. He may have inherited it and, god forbid, be earning profit less his management costs. Doesn't make what the OP's friend is suggesting she'll do right.

ballinacup · 28/04/2014 15:36

He's providing someone's home wow. Their home. His property, their home.

wowfudge · 28/04/2014 15:36

I don't expect your pity for the LL ballina. What I do expect is that grown adults behave honourably and show some moral fibre. What kind of an example does this woman show her children? I find it outrageous that people think it is okay to screw someone else over because they are a LL.

Sparrowlegs248 · 28/04/2014 15:37

The tenant has a legal right to occupy the property until a bailiffs warrant is in place. The tenant is still liable for the rent.

ballinacup · 28/04/2014 15:40

Moral fibre won't tuck my children into warm, dry beds at night, wow.

holidaysarenice · 28/04/2014 15:44

You friends is a scummy cunt
Mn is known for ll bashing as well.

We've had this twice. Once we went to court and by the time we had finished with our bills the tenants guarantor got hit with a bill 7 times that of the rent. He has opened a new business and the resulting ccj hit him hard.

Second time about 10 of my bro's mates went round and moved her out whilst she was out. Binbags I the front garden. Police were called who basically laughed at the tenant.

Both ways worked for us. Oh and we live in a small community - no one would touch either tenant after. School mums ostracized both for being a wank stain.

wowfudge · 28/04/2014 15:44

FFS ballina - the OP's friend should have thought about this and made alternative arrangements: it isn't the LL's responsibility to bend over backwards for her. Moral fibre will help you bring your children up with some decent values, one hopes.

writtenguarantee · 28/04/2014 15:45

He's providing someone's home wow. Their home. His property, their home.

he isn't "providing" a home. He is letting his property and the tenant is renting it, and while that's the case it is the tenants home. He is doing so under the various regulations and rules that he must follow, including how to repossess his property.

ballinacup · 28/04/2014 15:54

Yes, to repossess his property he needs a possession order. By the time he has one, she'll be gone. As long as she pays the rent, which she should, I see no issue and, in her position would do exactly the same.

He is renting his property. As someone's home. I can not repeat this enough. If you are a LL you are responsible for someone's home. As for your friend's illegal eviction holidays, what a shame the tenant didn't sue.

Sparrowlegs248 · 28/04/2014 16:01

The date the notice expires is the date after which the landlord can apply to the court for an order for possession. If the tenamt doesn't leave on the date of the possession order, the landlord has to apply to the court again for a bailiffs warrant. This is the legal process which the landlord has to go through to recover possession of the property.

holidays if 10 'mates' did that to a tenant in this area the landlord would have been prosecuted for illegal eviction.

wowfudge · 28/04/2014 16:07

Letting property - whether for a business or as someone's home - is not a charitable enterprise ballina and there is no reason why this woman shouldn't move out at the end of the notice period. She is choosing not to do so because it is more convenient for her. She should have thought about this and made alternative arrangements. The LL should not be inconvenienced by her lack of forethought.

elfycat · 28/04/2014 16:10

Moral????

Two adults enter into a contract with the clauses set out but only one of them has to obey the rules?

This goes both ways, bad LL and bad tenants. But there's no moral strength to the argument that after 4 months notice she'll screw over someone else's living arrangements. Not all LL are living a life of riley. And not everyone who lets out a house do so to make their fortune.

We let our house out while DH and I were moved around at MOD's whim. At a rent that was a loss to the repayment mortgage and below market value, before he failed to pay a whole heap of rent but at least did a runner and left a vacant property when DH had a leaving date. We'd have to move out of military property pretty quick or be evicted in a hurry. We made a huge loss and came back to our home that was rancid and full of junk. With bailiffs and police turning up for him to make up feel welcome home. And for his tenant he'd sublet a room to while still failing to pay us.

DrankSangriaInThePark · 28/04/2014 16:22

I find the whole hatred of landlords on MN very strange.

I could say it's akin to shoplifting your groceries because you haven't got the £££s, but I'd be shouted down by someone saying "wah wah, but it's their home".

Yes, and? I pay for mine, why the fuck shouldn't you pay for yours?

Why should private landlords have to foot the bill for scum who just effectively decide to squat?

I don't expect Aldi to give me my groceries when I'm a bit skint.

MaryWestmacott · 28/04/2014 16:22

Legal side has been covered, however your friend has shown herself to be a complete shit who really doesn't care about anyone else or the negative impact her choices have on them.

Cut her out completely, I wouldn't bother telling her why, people who think only in terms of that they are "entitled to" and what they "can get away with", are incapable of realising that normal people aren't like this and probably unlikely to understand - in fact, look on this thread, there are people who genuinely don't see that what she is planning to do is wrong - even if she can get away with it.

Just 'not getting in trouble' for something is not a reason not to do it if you are a decent person, unfortunately, the world is full of people who only behave in a civilised way because they fear the concequences of not doing so. Remove the concequences and they feel no obligation at all to behave in a way that's curtious to someone else.

People like this are always the first to screw you over if it suits them, why would you want to have someone like that in your life? She's not a nice person, life is too short to give people like this the time of day. I've realised the hard way that people like this - who often show they are via very little actions - are best avoided.

wowfudge · 28/04/2014 16:26

elfy - I couldn't agree more. Unfortunately, on MN - although lots of posters have said the OP's friend is BU so far - LLs are fair game for all comers. That someone should have the temerity to let a house to someone and expect them to look after it and pay for it then move out of it as per the terms of the AST is unreasonable and self-serving. They never see the other, i.e. the LL's, side of things.

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