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

[Tiredboymum22]

Our family have been renting for seven years and we haven’t had much luck. We lived somewhere for just under 4 years before our landlord decided to sell the property. We moved somewhere else before being given notice after 6 months. I really wanted to try for a council house and move into temporary accommodation but DH refused as we had a newborn baby so we borrowed money off my mum for a bond and moved into a tiny cottage type house that was out the way for me as I don’t have a car. I was miserable there as the living room wasn’t big enough to swing a cat and it was difficult living there as a family of four.

A family member asked us if we wanted to live in her partner’s house that was in town, closer to the school, and much more spacious. We moved in about 2 years ago and have been paying below market price in rent. He’s been very good with repairs, etc., and left us furniture and everything in good working order. We were under the impression it was a long term let as he wanted to keep this house for his daughter. Anyway, he gave us notice this summer as his relationship broke down unexpectedly and he has nowhere to stay with his kids. We were going to apply for social housing and he was willing to help us before he found out he’d get in a lot of trouble for renting to us unlicensed. Since then he’s had trouble getting landlord insurance and there’s no way for him to register now without getting in a lot of trouble.

I’ve told DH that we should try and leave. The alternative is that we stay for as long as possible and the house either gets repossessed or he pays a hefty fine and can evict us properly. I know that legally he doesn’t have a leg to stand on but I feel like the decent thing to do is to try find somewhere as the latter could take years and cause tension within the family.

The boys’ bedroom is still painted pink and has his daughter’s bed in it. The boys want a bunk bed and a more boyish room but I don’t want to dismantle her bed and paint the room knowing he’s trying to move back. DH doesn’t care and says he has no empathy for him as essentially he committed tax fraud.

I just want to be done with the whole situation but I can’t move somewhere private with DH who just won’t compromise.

AIBU or is DH being unreasonable?

I’ve just googled and looks like your LL can register now, pay a £150 and that should be it, especially given it’s a first offence etc.

he only can’t evict whilst unregistered.

so sorry OP, looks like your faux sympathy fir your relative is misplaced.

Yes I had a quick look and seemed very much like it wouldn’t be a big issue for him to hold his hands up and comply. They’d look at overall picture. House is in good repair condition, below market rent, helping a family member out. He’s not some slum landlord of many properties.
https://rentsmart.gov.wales/en/enforcement/#notcomplied
It sounds like you live in a small place. Dh doesn’t speak to his dad. Realistically no relatives will ever help you again if you stop this man moving back into his own house, stopping him seeing his children properly. He’s done you a big favour.
You mention DSA. If you have a child with a disability see if any support groups for parents could help advise you.

I’ve looked too but think there’s more to it than that. He might be in breach of his mortgage agreement and worried that 2 years is too long to get away with it etc.

Apparently finding insurance is an issue too but
dont know too much about that.

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

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

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.

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.

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.

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.

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.

i feel this is unfair! I want to move! But it’s very hard to find a rental on my own claiming UC and DLA for eldest (put me under any stereotype you want 🥱) I want my DH’s cooperation! Or what? I make myself homeless with the kids (because I have nowhere else to go) and they live with DH because he has a stable abode until the house gets repossessed. I accept its shit for the LL
but my hands are tied too!

You’ve also got bad credit and DH an IVA, why?

Nothing to do with sterotyping you, you’re a liability and no one in their right mind would let a private property to you.

You want to move out but you’ve put yourself in a bad position, you’ve had cheap rent for two years, so why isn’t your credit improving? How are you going to afford “normal” rent!

Up to me and as I’ve said if I was your LL, I’d move back in, start sleeping in my bed etc.

You want to paint the son’s room blue, get him a new bed? It’s not your home for much longer. Forget it and save your money, for the impending higher rent.

Your DH is awful, shafts everyone and thinks he can just do as he pleases! Hopefully the LL is a good match.

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 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.

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 !!!

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.

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

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.

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

Same with insurance.

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

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?

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