Chit Chat
There is currently 1 person viewing this thread.
16 Dec 14
17:22
Joined:
Date Joined:
02 Mar 07
A friend of my mother took in a young couple who needed somewhere to stay. She thought it would be a few weeks a couple of months tops before they moved on. 10 months later and they are still living there. She has asked them to move on many times over the last few months but they refuse to. Where does my mother's friend stand legally on this? They didn't sign any contract and they don't pay any money for board or food on a regular basis, just a few quid here and there. I really feel sorry for my mother's friend who is an OAP and these people are blatantly taking advantage of her. I'm tempted to go round there and throw this couple out myself.
Anyone have some advice I can pass on?
Anyone have some advice I can pass on?
sort by:
Show
per page
Replies: 58
|
By:
if there is no contract I'd have thought they could be classed as trespassers, Crippen will be a long soon he'll know the ins and outs for you
|
|
By:
Well I don't think they have any right to stay there at all. Pretty sure you could just call the police and accuse them of trespassing. Or just collect all their stuff and chuck it out. Need to give them a day and time and stick to it. Not easy if you are an OAP who perhaps doesn't have the muscle or forceful personality.
|
|
By:
Cheers Burton, I will wait to see what Crippen's advice is.
|
|
By:
Thanks for your advice Rob. It does sound like they are trespassing to me too. My mother's friend is a Cristian lady and an OAP so I'm not sure she could handle much confrontation.
|
|
By:
Try the Citizens Advice
|
|
By:
Change the locks, simples
|
|
By:
I thought as well (and this is just my understanding) that if it's YOUR actual home, you can kick unwanted people out pretty d*mned easily? Even just lift the phone and phone the police?
Very different if you just own it but don't live there as a landlord. But try the CAB as TaC says. |
|
By:
I knew someone once who had Romanian's who broke in and claimed squatters rights a few years ago, managed to change the locks too, police said there was nothing they could do, 3am, their neighbours let the owners next door go through their house to their back garden where they broke in and beat the living daylights out of them, tied them up and kept them there for 48 hours, then around 3am again, bungled them into a van, blindfolded them, took them to a canal, took off wrist restraints, told them there were on a cliff edge, made them beg for mercy, then pushed them in.
Never mind legalities whipping, a home is very personal, to abuse her warmth and kindness and to violate her personal space by refusing to leave calls for unorthodox measures - for the very least to teach them a lesson, they could do it to someone else. this may be of help Squatting is when someone deliberately enters property without permission and lives there, or intends to live there. This is sometimes known as ‘adverse possession’. Squatting in residential buildings (like a house or flat) is illegal. It can lead to 6 months in prison, a £5,000 fine or both. Anyone who originally enters a property with the permission of the landlord is not a squatter, eg if you’re renting a property and fall behind with rent payments you’re not squatting if you continue to live there. Although squatting in non-residential building or land isn’t in itself a crime, it’s a crime to damage the property. It’s usually a crime not to leave land or property when you’re instructed to do so by: the owner the police the council a repossession order |
|
By:
sqautters rights law changed two years ago
|
|
By:
I knew someone once who had Romanian's who broke in and claimed squatters rights a few years ago, managed to change the locks too, police said there was nothing they could do,
The police were wrong. The law changed years ago, not two. It's not squatting if they broke in, it's trespassing. Squatters can only gain access by an open window or an open door. |
|
By:
cmat the house was not being occupied as the tenants were staying elsewhere whilst their home was undergoing building works for an extension, when I say broke in that's what I call going into someone else's home uninvited, one of the labourers managed to get key cut in the lunch hour, squatters rights did change two years ago, it wasn't a criminal offence before 2012 and it didn't carry a prison sentence or £5k fine like now
|
|
By:
This is an odd one.
Well straight away they're simply lodgers they do not have security of tenure. They have no legal right to stay on if told to leave. I don't know how much notice they're entitled to if any. I'd give them written notice to get out and then call the police if they're still there. If the police don't want to know, they'll have to take them to court. The court would certainly rule in your favour and make a court order for them to leave. Show them the forms from the court that you will have to fill in to start the action and tell them they'll be liable for all the costs involved. That should be enough to get rid of them |
|
By:
All she has to do is go to the police station explain it..............say that is now friction & she is WORRIED ABE HER SAFETY.......................end of................
|
|
By:
cab imo
if you did chuck their stuff out and they were classed as legal tentants you will get convicted....so find out 1st...then go through the correct process. |
|
By:
F*k the legal process. Give them a day to get out and then use force.
|
|
By:
Yes the first stop is the police but it depends on which one you get. Half of them will try and fob her off that it's a civil matter.
|
|
By:
Ozymandius
16 Dec 14 19:31 F*k the legal process. Give them a day to get out and then use force. The keyboard warrior strikes  |
|
By:
LOL I liked the story from scandanavian_haven re the lesson given to romanian scum, that's positively warmed my heart for the evening.
One thing I read ages is that instead of claiming squatters rights they'll whip out some fake tenancy agreement and try and claim they rented in good faith thinking it was a furnished property etc. |
|
By:
The thing is CMAT you might not get away with it England these days, but in Ireland the Gardai are much more pragmatic and let you get on with things. Its not a bad system.
|
|
By:
seriously dont fk the legal process
 you will get a conviction....even just for dumping their stuff on the pavement if they are deemed to be legal tenants. |
|
By:
Yeah legally uou can get rd easy. I generally agree 3 weeks notice.
But as it has already been way beyond that, you just need to go round and tell them to move out. |
|
By:
They couldn't be deemed to be legal tenants. They are, at best, lodgers.
|
|
By:
Call the police. End of story.
|
|
By:
A better answer to the fthread header would be - In The Road
|
|
By:
A better answer to the fthread header would be - In The Road
|
|
By:
On her own two feet? Yes? -
|
|
By:
Its always a 'friend' their asking for when asking for controversial advice on the forum, such as, throwing people out on the streets.
|
|
By:
DOES THIS MEAN MY MAM CAN THROW ME OUT WHEN SHE WANTS TO ,I HAVE NO CONTRACT SHE JUST TOLD ME 14 YEARS AGO I COULD STAY UNTILL I WANTED WHEN MY EX WIFE TOLD ME TO LEAVE,I HOPE SHE DOESNT READ THIS THREAD
|
|
By:
Of course she can throw you out.
|
|
By:
The fact she doesnt means you are lucky.
|
|
By:
possibly but not necessarily ;)
|
|
By:
If they're not paying rent, they ain't tenants. They would be licensees with very limited rights. I reckon she's already given them reasonable notice to leave and I'd get the locks changed as soon as (if they ever go out).
|
|
By:
from memory if the landlord/lady is living in the property there are slightly different rules.
id check with cab and if there is a chance of confrontation then get the police around. problem is if they have handed over any money that can be seen as an agreement or then its down to a verbal agreement. no way will the old dear be able to claim they werent living there under some form of agreement. my guess is the cab will say the best case scenario is a 14 day notice. section 21 may not have to be served............thats best case which would then just mean a court order which could take upto 2 months and then the 2 week notice period from that. worst case would be the section 21 which would add another 5-8 weeks plus a week or so to that. i know this because a mate was getting evicted recently froma landlord who never paid any tax and never put the deposit in a government scheme....if they dont do that they can find it hard to evict legally. |
|
By:
bit unfortunate that she's looking to boot them out with Christmas around the corner. If they're called Mary and Joseph, the press will have a field day.
|
|
By:
Tell your mums friend not to wash....They'll be gone in no time
|
|
By:
section 21 may not have to be served............thats best case which would then just mean a court order which could take upto 2 months and then the 2 week notice period from that.
That's not applicable in this case. Section 21 is for proper tenants. Lodgers with no contracts have very few rights at all. |
|
By:
Guests that refuse to leave then become trespassers and trespassing is a police matter.
|
|
By:
http://www.landlordzone.co.uk/content/lodgers-and-the-rent-a-room
|
|
By:
^ That's useful.
Bearing in mind that there is no agreement in writing or other in this case. Which makes the notice period quoted there invalid. |