Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Unwanted guest.

452 replies

melissa2929291936 · 02/04/2023 22:22

My work sent me abroad for six months.I arranged to rent our home out to a "friend".She only paid two months rent but I let it slide until we returned.When we did come home,she refused to leave the house.The police said there was nothing they could do so myself,husband and two small children had to camp out at my mothers thirty miles away.After six weeks of this,and having tried every legal avenue,I went to our home after "friend"had left for work.I still had my keys so I entered and turned the water off at the stopcock.The stopcock is in a weird place,not where you'd expect,so I was pretty sure she didn't know its location.I then cancelled the broadband for the address.That night she had the nerve to phone me complaining.She said she had an infant,a toddler and no water.I informed her she could go to her own mother (who lived in the same street.)but the rental time in our written contract had passed and she hadn't even paid me for most of it.Cue tears,threats etc but,because I knew she had somewhere to go,I held my ground.Went round next day and she'd gone,although the place was trashed.I had the locks changed,cleared up and moved back in.Now she's bad mouthing me all over,saying I threw out a mother with young children.Her main gripe though seems to be the lack of broadband rather than water! I genuinely don't think i was in the wrong "throwing her out"_I knew she wouldn't be on the street.

OP posts:
Whycantibetangy · 02/04/2023 23:23

Bravo! You have more patience than I. I would have moved back in the day I returned and helped her pack all her stuff (into the front garden) sod taking 2 smallies and camping out at your mothers 30 miles away. Your house, your rules. If you had a contract then she broke that the moment she decided not to pay.
This is why the housing situation in the UK is in the shit. Decent landlords-to-be are scared off by stories of knobbers like your ‘friend’

hope you don’t get any legal backlash as that would be really unfair

Whycantibetangy · 02/04/2023 23:24

Ps. Stop tap is in a little hole in the wall in my dining room

hoophoophooray · 02/04/2023 23:25

Bewilderedandhurt · 02/04/2023 23:00

The moral of the story is always get a contract signed then you have a legal leg to stand on.
If a "friend" dislikes the idea of it all being legally above board and signing a contract then you have to question their motives.

That's the thing. By paying rent, she did have a contract. An AST, regulated by the Housing Act 1988.

The OP most certainly carried out an illegal eviction, whether morally or not she was in the right, and if the "friend" complains, she could be in a lot of trouble.

TrainersAltonTowersWontKill · 03/04/2023 06:55

If she's badmouthing you all over, someone will eventually tell her what you've just done is illegal.

The courts won't look favourably on you whatsoever and I'd be expecting a fine.

Mindymomo · 03/04/2023 07:03

You say you tried every legal avenue to get her out, presumably this was a section 21 served given her time to vacate. Whilst what you did wasn’t legal, I think most landlords would want to do what you did, but don’t want to break the law.

FawnFrenchieMum · 03/04/2023 07:08

Bewilderedandhurt · 02/04/2023 23:00

The moral of the story is always get a contract signed then you have a legal leg to stand on.
If a "friend" dislikes the idea of it all being legally above board and signing a contract then you have to question their motives.

It’s actually the OP that’s broken the law not the tenant! She says it says the length of time in the contract which suggests she has one.

Suetcrust · 03/04/2023 07:15

“ hoophoophooray · Yesterday 22:40

If she paid you rent at any point, she legally had an assured shorthold tenancy. You should have protected her deposit (if you too one), had electrical and gas safety checks done, and various other bits.

What you did in the eyes of the law was an illegal eviction. The ONLY way to legally get someone out it to serve them with a s21 (no fault) or s8 (late rent) notice and wait for it to go through the courts. That is why the police wouldn't help as illegal eviction is a criminal offence.”

THIS!! You are lucky she hasn’t gotten in touch with Shelter (charity) for advice. You could still find yourself in deep do do. What you did was illegal and the fines can be horrendous. Good luck OP! It might just be a matter of time before someone she knows will point this out to her.

Oysterbabe · 03/04/2023 07:16

What you did was illegal but it's done now. I doubt anything further will come of it.

MissMaple82 · 03/04/2023 07:16

Let her bad mouth you all she wants. You know the truth, people like this don't live holy lives so other people will know she's dodgy af !! What a cheeky biatch!

MissMaple82 · 03/04/2023 07:21

She actually left on her own accord. Just deny anything to do with the water, there's no evidence you turned stopcock off. You switched the broadband off because you're not paying someone else's broadband - nothing more will come of this

MichelleScarn · 03/04/2023 07:22

Moral of story is no good deed goes unpunished, and absolutely agree with @Whycantibetangy re shitty people. However mumsnet hates a landlord (even a helping out a friend one) so thread will fill with people delighting in telling op how bad she is, and to expect a fine/jail 🙄.

AlwaysGinPlease · 03/04/2023 07:26

Only on MN would people be defending a CF that lived rent free and refused to leave and then make the OP out to be the villain of the story. Ridiculous 😂

hoophoophooray · 03/04/2023 07:40

AlwaysGinPlease · 03/04/2023 07:26

Only on MN would people be defending a CF that lived rent free and refused to leave and then make the OP out to be the villain of the story. Ridiculous 😂

Not defending either side. The legal situation is that the OP is in the wrong.

If her previous tenant finds out and can persuade the police to act, she could well find herself in legal trouble.

Or do you think we should go back to the days of Rachman and slum landlords where tenants had no rights at all?

Summary eviction like that has been illegal for a long time, it's not a new thing.

You cannot pick and choose. If you want the nice bit (the extra income), you have to take the rest (complying with the law)

I'm astounded that people on MN think that landlords should be allowed to do this, to be honest.

YukoandHiro · 03/04/2023 07:42

She's a CF but also what you did was illegal, and you should have gone through the courts to evict. This is always a risk when you let out you your home, but of course you never expect it from a friend. (Ex friend!)

FawnFrenchieMum · 03/04/2023 07:44

MissMaple82 · 03/04/2023 07:21

She actually left on her own accord. Just deny anything to do with the water, there's no evidence you turned stopcock off. You switched the broadband off because you're not paying someone else's broadband - nothing more will come of this

Leaving doesn’t end the tenancy legally unfortunately.

YukoandHiro · 03/04/2023 07:44

Hear hear @hoophoophooray

Fraaahnces · 03/04/2023 07:47

She had a contract. Take that and the photos to her mothers and ask for the rent or you’re taking her to court for that AND the damage.

FawnFrenchieMum · 03/04/2023 07:47

AlwaysGinPlease · 03/04/2023 07:26

Only on MN would people be defending a CF that lived rent free and refused to leave and then make the OP out to be the villain of the story. Ridiculous 😂

It’s not a case or defending them, rightly or wrongly, it’s the law. Law doesn’t become invalid just because you don’t agree with it.

It’s a fine line between slum landlords turning up and evicting people randomly and people living rent free with rights.

hoophoophooray · 03/04/2023 07:49

YukoandHiro · 03/04/2023 07:42

She's a CF but also what you did was illegal, and you should have gone through the courts to evict. This is always a risk when you let out you your home, but of course you never expect it from a friend. (Ex friend!)

To be honest, a friend is exactly who I would expect it of. Informal agreements over money and property are something I would always avoid like the plague.

Having it managed properly through an estate agent would have made the OP aware of their legal obligations and maybe avoided some of this.

You can argue until your blue in the face that the law is wrong (and I do personally think eviction for unpaid rent SHOULD be easier) but until the law is changed you need to comply.

forgotmyusername1 · 03/04/2023 08:09

If you had a contract and she paid rent then you have acted illegally in evicting her the way you did.

While it is galling the law is firmly on her side here. Do not poke the bear by asking for damages or missing rent as if someone points out to her that you have evicted her illegally and the penalties for this are high.

https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

Private renting for tenants: evictions

Landlords need to follow certain procedures when evicting tenants - find out about eviction notices, harassment and illegal evictions, and going to court

https://www.gov.uk/private-renting-evictions/harassment-and-illegal-evictions

MrsPelligrinoPetrichor · 03/04/2023 08:18

MissMaple82 · 03/04/2023 07:21

She actually left on her own accord. Just deny anything to do with the water, there's no evidence you turned stopcock off. You switched the broadband off because you're not paying someone else's broadband - nothing more will come of this

I agree, just leave it. Well done for getting rid of her. Let her badmouth you, so what?

Tourmalines · 03/04/2023 08:18

Great ! She’s gone ! Cheeky F .

Newyeardietstartstomorrow · 03/04/2023 08:19

We will all support you on here, but I don't think the law will be on your side. Cutting off her water would be against her human rights. I had acquaintances in a similar position and they cut off the electric and ended up in court. If I were you I would have moved back in with her and wiggled her out from the inside.

coffeecupsandwaxmelts · 03/04/2023 08:21

AlwaysGinPlease · 03/04/2023 07:26

Only on MN would people be defending a CF that lived rent free and refused to leave and then make the OP out to be the villain of the story. Ridiculous 😂

I'm defending anyone - just pointing out that two wrongs don't make a right.

If the friend does some Googling or speaks to someone who knows about tenancies, OP could find herself in a lot of trouble.

coffeecupsandwaxmelts · 03/04/2023 08:23

Fraaahnces · 03/04/2023 07:47

She had a contract. Take that and the photos to her mothers and ask for the rent or you’re taking her to court for that AND the damage.

If she does that, OP will find herself being counter-sued for an illegal eviction which could cost her thousands.

She needs to keep quiet and hope her friend doesn't Google her rights!