Homeless Homeowner – the law supports lawlessness

Homeless Homeowner – the law supports lawlessness

7:33 AM, 14th February 2014, About 9 years ago 64

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In an attempt to keep this brief, I have been renting my flat to my current tenants for almost 4 years. Last year I informed them that I will be needing the property. Their tenancy agreement was renewed but only for 6 months to which they agreed was enough time to sort out accommodation. The lines of communication have always been good and open with my tenants so you can imagine my shock and horror when on the day they were supposed to vacate the property and I move back in, they refuse to go. The irony is, they actually called the police and were told to leave the property and their tenancy was up. They then produced a council doc and the police informed me that I will need to legally evict them. Homeless Homeowner - the law supports lawlessness

Now, I’m not a property mogul, this was my home that was rented due to personal reasons. I had no idea of the procedure or how long the process will take. So here’s my dilemma; they are refusing to go, as they did not communicate with me and lead me to believe all is well, I now have no accommodation. I am 6 months pregnant and sleeping on my brothers sofa until I get advice as I’m told I can’t actually do anything.

I’m perplexed as I’m told these 2 young, able bodied individuals in full time employment do not have to pay me rent and theres nothing I can do about it. I’ve asked the council if they can help me since they are the ones advising people to stay on in other people’s properties..but as expected they don’t really care, it’s my problem.

Can anyone offer any advice? Paying rent and a mortgage while my tenants sit in my property rent free leaves a bad taste in my mouth. I’m so worried as I’m effectively homeless and see no resolution by the time my baby arrives! Just doesn’t make any sense to me…being a homeless homeowner is like being a starving baker, makes no sense at all.

All I’ve found is advice and guidance for tenants, where is the advice and help for gullible landlords like me??



Comments

Ray Davison

10:57 AM, 14th February 2014, About 9 years ago

Reply to the comment left by "Neil HEWITT" at "14/02/2014 - 10:01":

Neil, I agree with some of your comments particuarly regarding security of tenure. However even wthout a Deed of Assurance, how many professional landlords do you think want to evict a tenant who is paying their rent and looking after the property? I for one have never sought to do so. I suspect as you say it is the accidental landlords who cause the problems and the correct thing to do here is discuss this upfront with any potential tenant letting them know what they are getting into so they are not surprised when the request to vacate arrives. The OP seems to have done that in this case yet there is still a problem. Maybe it is in these cases where a Deed of Assurance would actualy be of most use?

The issue I find is that potential tenants generally do not listen to what they are told or read what they are given. All they want is to be in the property they have chosen and that's that. Time and circumstances can change their approach and attitude dramatically. I've lost count of the number of times a tenant has informed me that they will be leaving but have asked to leave early or without notice or stay week to week until they find somewhere else. I wonder what they would say if the Landlord came along and asked them to leave next week? If tenants require additional security then the Landlord equally needs to be protected in a simiar way.

Your comment about the social sector throwing money at people (My term I accept) to persuade them to leave is typical of any council funded activity. Waste like this on a huge scale is now starting to bite with the intorduction of cuts and has long been needed.

sam

11:17 AM, 14th February 2014, About 9 years ago

Reply to the comment left by "Neil HEWITT" at "14/02/2014 - 08:47":

Neil

I cant agree more that there is always (at least) 2 sides to a story but something you said puzzles me :

As you are a property professional, presumably you are paid a living wage. Seeing how strongly you feel about rented accommodation not being suitable as a home because ...... and how strongly you seem to want to have a home, why dont you buy one ?

Neil HEWITT

11:19 AM, 14th February 2014, About 9 years ago

Ray,

Thank you for your comments.
The system of funding for the council homes budget is set in such a way now that it is self funding, in other words Council Taxpayers do not contribute, or profit from council house rents.
A council could have cutbacks, but that does not affect their housing stock, as long as the rent is still coming in.
So it is impossible for a council to be throwing money at council homes. That is the image that the tabloids do like to create. In former years, some council homes would have received additional funding from central government, and in some cases, the rents would go to central government, and then be divided up as grants according to deprivation needs.

Neil HEWITT

11:39 AM, 14th February 2014, About 9 years ago

Reply to the comment left by "sam " at "14/02/2014 - 11:17":

Sam,

I would love to buy a home, but with increasing house prices, the issue of a deposit, and even with the Government Help to Buy scheme, I have to allow for the charges and repaying that loan. Also, as I have less than 14 years to I retire, the mortgage costs are high. House prices in The UK are simply too high, as too are rents, which restricts choices in both rental and purchase.
They were high pre recession, and are still too high now, which stifles the economy, as people then have less money to spend. The UK never learns, it is in part high house prices that almost killed our economy, and they will do so again, if they are not controlled.
It is simple, lower prices, people have more choice between renting and buying, people move more often, which generates more work for agents etc.
And, it is the agents that are the principle cause of high house prices, it is their philosophy to push prices to the limit in The UK. And organisations like CML, RICS, and The Bank of England only encourage that approach.
I have owned a house, and never profited from that.
Now what was the question?

Ray Davison

11:56 AM, 14th February 2014, About 9 years ago

Reply to the comment left by "Neil HEWITT" at "14/02/2014 - 11:39":

Now we see why you have the view you do.

Mark Alexander - Founder of Property118 View Profile

12:03 PM, 14th February 2014, About 9 years ago

Reply to the comment left by "Neil HEWITT" at "14/02/2014 - 11:39":

Hi Neil

If you have 15 years to go to retirement, why didn't you buy in the 70's or 80's? Looking back, I bet you wished you had purchased a few back then and held onto them don't you?

You also mention that you did own a homeowner and didn't benefit from it. Why was that? Did you buy at a peak and sell at the wrong time? It happens, not just to home-owners but also to property investors. That's just life.
.

sam

12:36 PM, 14th February 2014, About 9 years ago

Reply to the comment left by "Neil HEWITT" at "14/02/2014 - 11:39":

Thanks Neil. I see your predicament and I do empathise with you for I have come across many in similar situation - though I dont necessarily agree with your views on cause.

The long and short of it is that you cant afford to buy a home for whatever reason. What I dont understand is that you seem to blame your problem of not being able to have a home in rented accommodation on the landlord. Why is it their fault ?

You also seem to blame high house prices on various people. Why is it anybody's fault that house prices are what they are ? Or that you do not seem to have benefited from the longest boom in history ?

Please dont take offence in my questions for I am genuinely interested and puzzled.

Jeremy Smith

13:13 PM, 14th February 2014, About 9 years ago

Shall we get back to the OP's question,
instead of why Neil is not living in a home of his own?
...Although I am also interested in your answer Neil !! 🙂 (just tell us quickly!)

To OP:
As one poster has suggested, you could rent yourself a room, your tenants should still be paying rent to you, so if you could persuade them to continue to pay (somehow!) , then this would pay for the room.
If they continued to pay, and they've been good tenants you could continue with them living there and find another flat for yourself - as already suggested.

To think outside the box:
Since you will need to go to hospital to have your baby later on, perhaps you will have some reason to get admitted to hospital for some or other reason, once in there, they won't be able to discharge you if you have nowhere to go, they can't just chuck you out onto the streets in your 'condition' . ?

Mark Alexander - Founder of Property118 View Profile

13:25 PM, 14th February 2014, About 9 years ago

Reply to the comment left by "Jeremy Smith" at "14/02/2014 - 13:13":

Very interesting point Jerry, our anonymous poster is technically homeless. She could get herself a nice little 2 bed place from a Housing Association at 80% of market rent out of this, AND still keep her flat rented 🙂

As a homeless pregnant lady she should be able to jump right to the top of the list!
.

Mandy Thomson

13:27 PM, 14th February 2014, About 9 years ago

Reply to the comment left by "Jeremy Smith" at "14/02/2014 - 13:13":

"To think outside the box:
Since you will need to go to hospital to have your baby later on, perhaps you will have some reason to get admitted to hospital for some or other reason, once in there, they won’t be able to discharge you if you have nowhere to go, they can’t just chuck you out onto the streets in your ‘condition’ . ?"
Hardly ideal though - being in hospital is bad enough when you're sick, in addition she would be bed blocking - taking the bed from someone who needed it more - and as for the hospital not throwing her out - I've seen a vulnerable old man ejected before my very eyes (still in his hospital gown) as they needed his bed and he no longer had medical need! I wasn't suggesting the lady rent out a room (it seems she's relatively secure at her brother's) but simply relating my own experience.

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