Unwanted guest.

[melissa2929291936]

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.

Next time use and agency and don't rent to 'friends'

No one is defending the CF friend ffs 🤦‍♀️

What do you think people should do? Pat OP on the back and say job well done when she could be in a world of shit because what she had done could technically be illegal! She could be in a world of shit if the friend takes this further. “But but but she’s a cheeky fucker” doesn’t really stand up in a law court.

OK - for the people who don't know about these things -
The consequences of carrying out an illegal eviction can be an unlimited fine and even a prison sentence. This wouldn't cost the tenant anything, it would be prosecuted by the LA. If a landlord is caught during an illegal eviction the police can attend and arrest them.
Failure to have a gas safety certificate - unlimited fines and/or 6 months in prison. Again, at no cost to the tenant.
Failure to protect a deposit with registered scheme within 30 days - the tenant can claim up to 3x the amount of the deposit from the landlord.

Landlords are also obliged to keep the property in habitable condition - no water habitable? Again, prosecuted by the council.
Now do people get why Op is being advised to keep her head down?
Better hope your friend doesn't read this thread Op.

What you did was against the law. She behaved badly but the law is on her side. I think the law should make it easier for tenants to be evicted if they don't pay their rent.

No one is defending her. People have said clearly and repeatedly that whatever you think morally, the law is not on the OP's side here.
Ironic that you're laughing about the lack of 'intelligence' and yet seem to possess no basic comprehensions skills yourselves.

So many freeloaders, too little time to yhink about them or their problems.

Go to small claims for your rent, maybe?

Amused at all the armchair lawyers on here who have read on MN about the deposit scheme and leap into the debate gleefully waving this piece of info.

Rather than an official contract-based landlord/tenant situation, this sounds like a very informal setup whereby the OP agreed to help out a "friend." Lesson learned. Won't happen again.

CF doesn't need to take the op to court, the authorities will do this for her. Everything is weighted so much in favour of the tenant the landlord cannot afford to take a step wrong. Its very unfair and allows freeloaders, squatters and rouge letting agents to piss all over the small landlord.

This. ⬆️

@melissa2929291936 Well done , OP
That is YOUR family home- It’s not a “ Buy to let” property.
The road to hell is paved with good intentions.
I’d never ever rent without a rock solid contract-

Arseholes like this Freddie- Freeloader make people very wary of renting out their home.

That is horrendous advice.

OP has acted illegally and it could cost her thousands if her tenant took her to court.

The best thing for OP to do now is keep her head down and keep very very quiet!

It doesn't matter - once OP accepted money for rent she became a landlord and has to follow the relevant laws 🤷‍♀️

Not only on Mumsnet. The courts take a dim view of illegal evictions.

Your post has made me incandescent with rage! I would honestly have wanted to kill the freeloading bitch. I'm so glad you got the cheekyfucker out.

Good for chucking her out on her arse! It’s effectively stealing to not pay the rent, especially for 4 months!
Though as pp have pointed out, you could get in trouble, eek 😬

Amused that you think the law can be ignored.

I am on the OP's side from a moral standpoint.

Legally she is bang in the wrong. There is no such thing as an "informal" tenancy. She is a landlord, the "friend" is a tenant and that is very tightly controlled in this country.

If she tries to claim the rent back through the courts, she is going to have to some explaining about the harassment (letting herself in to turn the water off) and illegal eviction.

As I have said, and I do have professional knowledge and experience, in order for a tenancy to be created it's only necessary for rent to be requested and exclusive use of a property to be agreed. It's clearly better to issue a contract for the avoidance of doubt, but providing those 2 points to be in existence. I have dealt with many private rents over the years where landlords didn't feel they had made a contract that created a tenancy, but the courts disagreed. The landlord found themselves in trouble because they hadn't bothered to actually read up on the law or take advice from a professional. I'm sorry if people don't like that, but renting a property is a business arrangement and consequently the relevant law should be adhered to, the law stipulates that the landlord should behave in a 'landlord like' manner and not in a manner outside the law. If the tenant stops paying rent or breaks another condition then there is provision for repossession within the law.

Oh stop it!

The OP isn't Rachman and she didn't try and exploit anyone. She didn't even make a fuss about the non-payment of rent.

The legal position doesn't make what her friend did acceptable. Non payment of rent, trashing the place and refusal to leave at the end of a tenancy are not reasonable, even if the law allows it. The OP isn't letting out a spare property, this is her own house, and the tenant was making her homeless.

If the friend had wanted a long term arrangement she shouldn't have moved into the OP's house knowing she'd need it back in six months.

You are talking out of your arse.
The first time the op accepted rent, it became a tenant /landlord situation.
All this could have been prevented if op had bothered to find out the legal situation re renting out her house. I bet she didn't even have permission from the mortgage company or the correct insurance in place

BTW the penalty for an illegal eviction is up to 2 years imprisonment and unlimited fine.

Why has OP acted illegally? She didn't throw the "friend" out, she left of her own accord and OP moved back in. I guess maybe turning the water off would be the worse crime, but other than that I don't see an issue.

Well done OP, I don't blame you at all for doing that, the laws in this country for tenants outstaying their contract are so wishy washy but then again the housing situation is terrible too so I appreciate a lot of tenants really don't have a choice. But in this case she did have somewhere to go but just wanted to stay at yours rent free so why posters are defending her and making you out to be unreasonable boggles my brain.

I'd have moved back in essentially on top of her and her children. She'd have left.

A landlord cannot enter a property and turn the water off. That is illegal harassment.

Turning off the water caused the tenant to leave, not giving correct notice and expecting the tenant to leave. I really hope no one here actually becomes a landlord, it really is not the way to regain possession of a property.

She's not a landlord though, by the sounds of it.