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To fall out with friend/landlord who has outstayed their welcome

150 replies

Mintypylonsfryingsurplus · 19/07/2021 15:29

Hope you wise lot can advise if I am being unreasonable. Will bullet point as to not drip feed...

Was meant to buy a house with DH last spring
I got Covid and ended up with Long covid (Only recently been discharged from hub)
DH was furloughed too so ended up skint and surviving on deposit money as not entitled to help from government
Landlord wanted to rent house to a family member so we had to find somewhere else at short notice.
Friend who wanted to live abroad said we could rent his property and if we liked it and got ourselves straight could buy it at some point so he could use the money to purchase a property abroad
So September last year, we moved in and have a full AST tenancy agreement. Deposit in a scheme all done correctly.
We are laid back people for the most part and we offered to store his motor home in back garden and his bed/household and garden items should we decide not to buy/ continue with tenancy and he needed to stay there at some point.

As I started to rehabilitate and I thought we would buy the property, we started to decorate (It was tired, and bare no lightshades/curtains etc scuffed and bit grimy and basic)
My DH who is a builder and joiner put fitted wardrobes in all 3 bedrooms and improvements too numerous to mention. Had it not been done by my DH and used companies approx 3.5K of improvements/decorating.

I when feeling better some days as not working did extensive cleaning gardening etc.

Friend /Landlord messages from abroad. The country he is staying in was going into lockdown and he was not very well needed hospital etc he was coming back. As a friend (worried about him) in a pandemic etc I offered that he could come and stay as long as he needed to and get himself sorted.

He returned with his large motor home (he has two) and stayed in a spare room with full use of the house as a guest. after 3 or so days he spoke to me that his plans had changed and he wanted to release the money from his house (owned outright) I said that was find and now we are getting on our feet I would look into getting a mortgage.
Brokers were charging 350 quid so I used an online free service and had a mortgage agreed in principle.

He went into hospital briefly but could not find anything wrong with his stomach at all except lazy bowel and depression.

In April me and DH saw a conservatory on FB selling site which we bought cheaply but took 12 hours to dismantle. We checked with Friend first that he would be okay to erect this as we planned to buy house in future. He agreed to this providing we followed regulations etc.

Friend/Landlord comes out of hospital it is clear he is not in a good place mentally. Will not leave the house, so I do all shopping/ collect laxatives etc from chemists.
Starts to ask when we are doing foundations for Conservatory? Feel a bit pressured so DH takes some annual leave to dig a 18 inch trench and collects material approx 450 quid with concrete mixer etc.

Friend/Landlord changes mind about selling house - not in a good place needs more time etc.

I tell him that now we have a mortgage in place we will look for an alternative home due to our ages and its not a problem. But we will not put the conservatory up now and take it with us. He is not happy due to this, says we have spoilt his garden etc. So we put all back to how it was minus a water feature (dilapidated) and some grass patches which are growing back.

It is clear at this point he is not going anywhere soon. After 4 weeks he pays 100quid into my account as he has been living here and using everything except buyin himself a small amount of fresh food, but uses washing powder/sugar etc.

As stated we are not wealthy right now due to my health etc.

He becomes increasingly picky, told not to vape in house, use tumble drier at certain times/ cook bacon as it makes him feel sick on and on.

Asking when we are taking a small amount of rubbish to tip/ on and on picking

A few weeks ago I was to do a house swap with my parents as we live 4 hours away from each other and catch up with friend and family who we had not seen due to Covid for over a year.

He refused to leave the house so my mum could stay. He said it broke the tenancy agreement and his insurance. My Mum had to cancel many of her 70th birthday plans as a result.

As my son and partner who have worked al through the pandemic as key workers were coming with us we had no choice but to hire a caravan at a cost of 750 quid at short notice. I told friend that I would not pay rent that month due to his refusal to leave . He agreed after a lengthy argument.

Every house we look at has gone to full and final bids and we have been gazumped. As the tension is unbearable my son and his partner have offered for us to live in their flat unti we buy a house.

Frind/landlord then says he wants a receipt for the caravan to claim on his landlords insurance. I told him he needs to leave I am told end of July.

Stop stalking to him as he twists everything I say. He is a very difficult man. Both his children do not speak to him nor he step kids. He has one other friend.

He is now claiming that as I invited him to stay he is a lodger!

My tenancy ends in 7 weeks. So I found out my rights a few weeks back. He has been harassing me when are we leaving. He clearly wants his house back but we have lots to put in storage as the flat is small and who knows how long a house sale could take to go through

I feel harrassed and unsafe in my own home. He confronted me today saying when I was away he spoke to solicitor that he has rights to stay there as a lodger and I need to give him 4 weeks notice!

I have also spoken to a solicitor and am well aware of my tenancy rights. He seemed to back track then and siad he was leaving at end of month to stay with his Nephew for a month.

I told him not to come back until tenancy agreement and notice period ahd ended, and anyway he has a large motor home to live in.

He claims as he gives me 100 a month he has right. he has been here 15 weeks and given me 200 so far which equates to 13.33 a week. WHERE COULD YOU LIVE FOR THAT. He said he only has two showers a week?

Told him no more friendship, he needs to be gone asap and not return. Will store his stuff and camper van on the understanding my deposit gets returned in full and we never speak again.

My DH is at the end of his tether with the conflict and I feel pretty intimidated too.

OP posts:
Truthseeker34 · 24/07/2021 20:10

[quote Mintypylonsfryingsurplus]@Truthseeker34 With all respect you need to rtwt. At no point was I offered a fkat! Are you confusing this thread with another.
The law in UK clearly states if you have an AST agreement, whoever owns it its YOUR HOME until correct notice on either side is given. Or you could have Landlords turfing people out all the time. People who have newborn babies/ disabled or need to sort out another home.
Ha ha please be disgusted. Are youbmy Landlord Hmm[/quote]
You mentioned that one of your family members offered you a flat you could move into. You need to also see if from his point of view...its his home, his base . He was your friend , the situation changed and he had to move back. Why couldn't you just move on ? I don't know what is happening to this world. You are so angry with him, but he has treated you badly because he probably just wanted you both out of his house.

Mintypylonsfryingsurplus · 24/07/2021 20:15

With them! Hardly ideal and storage costs would have been 400 a month not to mention breaking the terms of my tenancy agreement, which he had the right to pursue me for. Please bore off 'truthseeker' the laws are there to protect vulnerable people in society not power hungry law breakers.

OP posts:
Truthseeker34 · 24/07/2021 20:22

@Mintypylonsfryingsurplus

With them! Hardly ideal and storage costs would have been 400 a month not to mention breaking the terms of my tenancy agreement, which he had the right to pursue me for. Please bore off 'truthseeker' the laws are there to protect vulnerable people in society not power hungry law breakers.
If you post a thread you need to be prepared for opinions that are different to your own. I feel really realty strongly that you are in the wrong here. The law isn't always what is morally right , I would ask you just for a minute to think about it from his perspective. Get out and move on. Your housing issues aren't his to resolve
SimonedeBeauvoirscat · 24/07/2021 20:37

Feel pretty sorry for your ‘friend’, this whole saga started because your sale fell through and he did you a favour. Ok he’s not behaving well now, and clearly he shouldn’t have given you an AST - or he should have understood what the legal obligations of that were. Either way, neither of you come out of this situation well. It’s a great illustration of why more professional landlords are needed.

Trillogy101 · 24/07/2021 20:51

@Truthseeker34

This isn't going to be a popular opinion , but I am gobsmacked at your attitude. It is his house , he was a friend , who cares if you were a tenant, if he wanted it back you should have and gone to the flat you were offered. I am at a loss at how you think you were hard done by , he was off with you because he wanted his house back. I'm disgusted quite honestly
Who cares if she was a Tenant?? The law does, she has an AST therefore she is entitled to "Quiet Enjoyment" it makes no difference if he wants to move back in or was her friend. It may be his house but it is her home for the duration of the AST.

What an utterly stupid reply.

Truthseeker34 · 24/07/2021 21:10

I explained that the law isn't always in line with what is morally right. If I helped rented my house to a friend , and needed it back due to unforseen circumstances then I would move out. I would also expect the same in return.

StartingGrid · 24/07/2021 21:52

@Truthseeker34

I explained that the law isn't always in line with what is morally right. If I helped rented my house to a friend , and needed it back due to unforseen circumstances then I would move out. I would also expect the same in return.
You seem to be missing the point, he gave them a contract and was quite happy to take their money, he could easily have rented somewhere else until they had moved out with the money they paid him but no, he acted like an entitled idiot.
Truthseeker34 · 24/07/2021 21:55

I'm missing your point. Why not just allow the friend to have his house back and rent somewhere else.

Trillogy101 · 24/07/2021 22:00

@Truthseeker34

I'm missing your point. Why not just allow the friend to have his house back and rent somewhere else.
Because there is a legally binding contract in place! When the LL agreed to let the house to them for a set period of time he gave up his legal entitlement to live in the property for which he received monetary reward.

At the point I think you are being I intentionally goady!

Mintypylonsfryingsurplus · 24/07/2021 22:09

@Truthseeker34 are you on glue?
If he was that much of a 'friend' he would have let me stay there for £1.30 a day instead of the other way round. Would that have been moral enough?
Jeez the guy is so twisted you have no idea. Shall I give him a kidney too 🤔

OP posts:
Truthseeker34 · 24/07/2021 22:13

[quote Mintypylonsfryingsurplus]@Truthseeker34 are you on glue?
If he was that much of a 'friend' he would have let me stay there for £1.30 a day instead of the other way round. Would that have been moral enough?
Jeez the guy is so twisted you have no idea. Shall I give him a kidney too 🤔[/quote]
No just his house back !

Truthseeker34 · 24/07/2021 22:19

I'm really not honestly , I genuinely feel strongly about this. I won't keep going on , but its not a normal landlord , he was a friend who wanted his house back. I just don't get it !!!!!

Mintypylonsfryingsurplus · 24/07/2021 22:21

Well truly sorry to disappoint you but my solicitor and the charity Shelter think not.
I am sure he can afford to find somewhere to live somewhere else with the £160,000 he has defrauded the government from over last 8 years, or he could live with his family. Oh yes they have all gone no contact with him. Or his friends, oh no as I was his last friend but one. He is known to police as was on suspended sentence for 18 months until 2 years ago. Starting to get the picture of what a fabulous citizen he is? How well he has treated everyone. So keep your pearl clutching, moral high ground opinions to yourself. If he was an abusive partner the replies would be very different, but abusive landlord? Thats perfectly ok it seems.

OP posts:
Truthseeker34 · 24/07/2021 22:27

Listen I'm not trying to be upsetting , I just wanted to put my view across. If he has defrauded the government or don't speak to his family that is none of your concern.If he is that much of a terrible person get as far away from him as possible and leave . Leave it behind you. You feel so hard done by , but there is another side to this. I haven't read all your posts so sorry if I have missed something , but I don't get this entitlement thing. Its his home , he paid for it.

Truthseeker34 · 24/07/2021 22:27

Doesn't *

Truthseeker34 · 24/07/2021 22:27

I'll get off this thread now !

SimonedeBeauvoirscat · 24/07/2021 22:37

What a shame that you were friends with such an awful person in the first place, OP.

KnobJockey · 24/07/2021 22:37

You need to step away from the friend/lodger side of things. In the grand scheme of things, that's all over now, the police have kicked him out, he can't come back, it's done.

The eviction he's served you isn't valid. No gas cert, no prescribed information of your deposit within 30 days of moving in, I'm guessing no how to rent book or EPC? Basically, the section 21 will be thrown out because of this.

He has also broken the deposit scheme rules by not providing you with this information within 30 days of you paying a deposit. You can claim this back and likely compensation, see the TDS leaflet attached
<a class="break-all" href="https://www.google.com/url?sa=t&source=web&rct=j&url=www.tenancydepositscheme.com/wp-content/uploads/2021/04/TDS_and_the_late_protection_of_deposits.pdf&ved=2ahUKEwjXnsWx1PzxAhUSUBUIHUg4BjUQFjAOegQIGBAC&usg=AOvVaw35HFRsFjS5LnRMY5ISgGNO" rel="nofollow" target="_blank">www.google.com/url?sa=t&source=web&rct=j&url=www.tenancydepositscheme.com/wp-content/uploads/2021/04/TDS_and_the_late_protection_of_deposits.pdf&ved=2ahUKEwjXnsWx1PzxAhUSUBUIHUg4BjUQFjAOegQIGBAC&usg=AOvVaw35HFRsFjS5LnRMY5ISgGNO

KnobJockey · 24/07/2021 22:41

@Truthseeker34 you're wrong on that point, it's not his home. If it was his home, it wouldn't have a signed tenancy agreement for the OP. It can be his home again in the future, if he follows the correct legal channels. But it is the OPs home. He chose that, he moved out and let it out. He could have left it empty or let her stay rent free.

I have a tenant in my old family home. Do I have the right to go take over her home and tell her tough luck? Absolutely not! If I was struggling to find a home, I would literally not even consider turning up on that doorstep. It is legally and morally her home.

Mintypylonsfryingsurplus · 24/07/2021 22:50

@KnobJockey thank you. That is what my solicitor has advised me also. No elec cert, EPC, how to rent etc. As I said easy money until he had fulfil obligations, so will be ensuring I adhere to my side of the contract.
There should be a pack that any prospective landlords complete to ensure they understand the complexities. I assumed wrongly that he had it all in hand and fully understood everything fully. But my solicitor explained that ignorance is not an excuse.
He is not someone I would call a friend. But he certainly did a number on me. He had me fooled. I dont think I ever knew him really. He lives on survival mode, plotting, scheming, grabbing playing the victim its a shame if he doesnt learn from this. Its always everyone else. Never him.

OP posts:
KnobJockey · 24/07/2021 23:00

He has taken advantage yes, but I would try to put it behind you. It sounds like it was done (wrongly) out of desperation. He can't do it anymore, he no longer has access to you or the house, so concentrate on the future instead.

SomethingWycked · 24/07/2021 23:09

Just on the point about council tax - I haven't read every post so apologies if this has been covered.

I work for a Council in Taxation and Benefits section. The DWP don't pay Council Tax for any benefit claimants. You claim a reduction directly from the council which can cover up to 100% of the bill but most councils have reduced the amount you can claim if of working age - my council cover up to 65% of the bill.

The only way the DWP could be described as 'paying' someone's council tax is if a deduction is being taken from their benefits but this can only happen after a liability order has been granted because the bill has not been paid, so it is paying arrears. And for my council, with the 65% discount applied on a band A property, this leaves a bill of around £340. So just be aware that if arrears start to build up as the standard deductions are £180 - £250 a year depending on the benefit then the council could look to instruct bailiffs to recover a build up of arrears.

www.gov.uk/apply-council-tax-reduction

Cherrysoup · 24/07/2021 23:23

Lodgers don’t get notice by law, I believe. I would give him a week then call the police to remove him, mention the firearm and being scared of him/it. He has no rights as a lodger and you are protected by your ast. Get him out.

Cherrysoup · 24/07/2021 23:29

I have now locked him out if house police are coming as I sent pictures of the gun

Oops, cross posted. Well done for sticking up for yourself!

Mintypylonsfryingsurplus · 07/09/2021 17:21

Update **

The Tenancy relations officer is now involved due to ongoing harrassment of us. I have had great support from them so advise anyone else with a rogue landlord to do the same. After a year he finally ( under orders) had gas safety electric certificates done. Finally sent EPC and right to rent but not enough time to issue a 21. Long and short of it he is in so much trouble with authorities he is trying to come in with key. My DH changed locks and got a police ref no.
I hope if anyone reading this in same situation you get support too. He may have to pay all the rent back too. Its been very scary. I would never rent from a known person again. Luckily I have evidence of all emails and documents should it now go to court. I want to draw a line, but the TRO says its up to them as harrassment is so serious.

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