trespasser in my basement - advice please?

ValHaller

CIS wrote: »

Make sure the council are aware he is resident as he is liable for the council tax charge and not yourself.

While that is good Council Tax wisdom, I am not sure that in this case it is a good idea. If OP reports this to the council, it adds to the weight of circumstantial evidence that there is a tenancy, which OP would like to avoid.

CIS

While that is good Council Tax wisdom, I am not sure that in this case it is a good idea. If OP reports this to the council, it adds to the weight of circumstantial evidence that there is a tenancy, which OP would like to avoid.

Not really - as the resident of the property he is liable for the council tax payments irrespective of the reason he is resident (even squatters are liable for council tax - collecting it is another issue though), whether he is living there legally or not.

ValHaller

CIS wrote: »

Not really - as the resident of the property he is liable for the council tax payments irrespective of the reason he is resident (even squatters are liable for council tax - collecting it is another issue though), whether he is living there legally or not.

Yes, really. Again, good Council Tax wisdom, but a thoroughly missed point about OP's position describing him as resident.

OP would be utterly foolish to shop this guy to the council for council tax and lay down more grounds to describe him as a tenant. At this point he is not resident - he is decorating. To report this guy into the council and slap a council tax bill on him - as you advocated - will be scant consolation for giving him grounds to call himself a tenant.

G_M

picoradio wrote: »

Key was handed over before I went away, he said he was going to paint a bit and move some stuff in and then move himself in and start living there shortly after I got back (at which point we would complete everything, take a months rent and sign contract). The house is a Victorian terrace that has been converted into four flats, basement (the one he's in), ground floor (mine) and first and attic floors with my other tenants in.

I fully retract my earlier adice in light of the new evidence:

A verbal tenancy was created.

OP agreed to him "moving stuff in", and "start living there". Cash changed hands. A key was handed over.

He's a tenant with tenants' rights.

Theft of 2nd key is a seperate issue. Police?

Non-payment of subsequent rent? S8 Notice in the usual way.

real1314

I think regardless of any need to agree he had a tenancy, as soon as the OP gave him a key "to decorate" a tenancy was created - what would the purpose of the decorating be other than for the tenants benefit?

You would only decorate prior to moving in; by agreeing that the T could decorate you agreed that they would move in = tenancy.
You need to get a decent form of legal advice.

Seronera

Although people say 'do not go to the council'. If you still have a half decent private rented sector officer/manager after all the cuts, they would advise you of both your rights and the possible 'tenants' rights. I believe they would be sympathetic to your situation and advise accordingly.

I also suggest you join a local landlords association as they will be able to advise and will know who the lawyers are locally who specialise in tenancy law and can advise you properly.

I suspect you have a sound case to be rid of this man. He has stolen keys for a start...but I don't know the law well enough, so go to somebody who does. You need to get it right first time and be rid of him.

I wish you well, its sounds perfectly horrible.

Lord_Baltimore

Whatever you do, do not watch a film called 'Pacific Heights' starring Michael Keaton!

Seriously, proper legal advice and procedure is the only way to go. This is a bit of a mess; don't make it a disaster for you. Stay calm, stay determined and you'll get him out without confrontation but it will take time.