trespasser in my basement - advice please?

picoradio

I'm a landlord of a private house, I live in the property. Recently one of my flats became vacant and I advertised online.

A short while later the advert was answered by a person who seemed everything I wanted in a tenant, friendly, quiet, intelligent, well presented and charming. He knew one of my friends too, which made me trust him the more.

I was going on holiday for two weeks so told him that once he got references and the month's rent up front plus bond he could move in. He gave me £450 there and then and I went on holiday.

While I was away he became friendly with my other tenants, telling them that we were a couple, borrowed electricity credit and didn't repay it, attempted to get free wireless internet off them and attempted to "buy" a car from them. They were not impressed.

When I returned he had not got references or the rest of the money. It was in an envelope he said and he would give me the money and the references when he got a contract.

I was no longer happy for him to be in my property, and told him so. He said he had rights under section 8. I called the police and explained that there is a man in my house who refused to leave.

The police said that it was a civil matter and as he had a key he was not endangering anyone or the property. He also called the police and said that there were people trying to break in to his flat (my brother shouting at him to come out and go away).

The police arrived, blue lights flashing thinking there was a burglary in progress. They advised me to write him a letter giving 7 days to vacate.

I have done this but have since had advice from a lawyer that the man in the basement has no right to be there and that I could simply wait for him to leave and get the locks changed.

He is in my house, he has my keys and I don't know when he is in or out. I have had differing advice from the police and a solicitor, and don't have spare money at the moment. I just want him out of my house, I don't know what he is doing with my things, how much it is costing me in lost rent and council tax he isn't paying.

Any advice gratefully considered.

princeofpounds

Do you live in a property with shared facilities or are these independent flats?

How did he get access to the property if you told him he could not enter until he had produced various documentation?

Essentially you need to decide if a tenancy has been established here or not. If not, you can just change the locks when he is out. If it has, then you will need to go through the proper process, which will be a few months of hassle unfortunately.

Do not attempt to force him out in any way until you are sure, illegal eviction of a tenant is a criminal offence.

We do not know enough yet to give a full opinion on whether a tenancy has started or not yet. But given money has changed hands and a key might have done then there's a good chance that it has started.

monty-doggy

Firstly no contract has been signed, so IF he took you to court, it would be down to him to prove you had an agreement.

Secondly how did he get a key?

I'd call his bluff and change the bloody locks. How much would it cost him to sue you for illegal eviction and seriously do you think any court in the land would side with him ESP given what your tenants would say as witnesses?

Given you don't feel safe in your own home, I'd get him out at any cost and face the consequences as and when the arrive. Which to be honest, I don't think they will.

G_M

1) go to the police, with afriend, and explain what you you intend to do (bleow), and the background. Advise you fear a breach of the peace and want themto be aware. If you get a poor or negative response, ask for amore senior officer. Quote your solicitor's advice.

2) Go home, with several big friends. Do you still have the key or has he changed the lock?

3) Ideally, wait till he leaves, then go in, pack his stuff, leave it on the pavement (guard it so you cannot be accused of leaving it unattended!)

4) CHANGE THE LOCK

5) If he does not go out, or your friends cannot wait, enter the flat and tellhim he is trespassing and must leave. Warn him you will use 'reasonable force' if he does not leave (hence step 1 above!)

6) Use reasonable force!. If there are several of you, and you are gentle, you should be able to avoid it becoming a brawl but still get him outside. Then go in and follow steps 3 & 4 above.

unless,of course princeofpounds is right and a tenancy exists.

*did you give him the key? And accept money?
* do you live in the building?
* is it a purpose built flat?

ValHaller

This is a civil matter at core. Do not take advice from the police on civil matters - nor for that matter take their word for something being a civil matter.

princeofpounds

G_M, whilst that's great advice in the right situation, I still think we need to know more. The OP is very vague about certain aspects, using terms like 'my house' and 'I live in the house' which contradicts with 'one of my flats' and 'his flat'.

On a second reading, I note the OP has spoken to a lawyer, so I can only assume they have chosen that opinion for a reason, but based on what I know so far I wouldn't want to make too strong a statement about how to proceed.

ValHaller

picoradio wrote: »

I was going on holiday for two weeks so told him that once he got references and the month's rent up front plus bond he could move in. He gave me £450 there and then and I went on holiday.

While I was away he became friendly with my other tenants, telling them that we were a couple, borrowed electricity credit and didn't repay it, attempted to get free wireless internet off them and attempted to "buy" a car from them. They were not impressed.

So where in that narrative and how did he get a key?

Guest101

I would be very wary of trying to remove him if he gave you £450, this could be construed as an agreement for him to become a tenant

monty-doggy

I know this isn't what most people would advise but I'd be throwing him out, changing the locks and denying there ever was an agreement. He sounds like a nut job!

pimento

Depends if the OP gave him a receipt...

RuthnJasper

ValHaller wrote: »

So where in that narrative and how did he get a key?

I think, though the OP doesn't state it, that the OP gave the man the keys prior to going on holiday - "

I was no longer happy for him to be in my property...

"

It's a wretched situation, but I guess the OP is partially at fault if s/he DID hand over the keys prior to the holiday. Hopefully, I'm wrong.