Evicting Family Members!

Micromat

theartfullodger wrote: »

It's the law: Dunno if daughter, her adviser (both of whom may be viewing..) or Judge will know.....or how Judge would interpret it...

Clearly if you had gone on a 3 week holiday in Caribbean, fine, still your home, or had a hospital or prison visit (no offence - you were released without a stain before it got to court..) for 6 weeks but 8/9 months, every year... Were I the Judge (I am not..) I'd find that you were not at all time a "resident landlord".

Do let us know if it ever gets to court & what the ruling is, please.

Cheers!

Thank you for the link. I tried to understand the whole of schedule 1 (10) but unfortunately I'm no legal eagle so to me it's still open to interpretation!

The key wording (IMO) is 'only or principal home' which as we have no other address must be where we live with our daughter, albeit for only 3/4 months of the year.
Working on your assumption that a holiday, hospital or indeed short prison stay (that was totally unfounded because of mistaken identity) would be fine if it was only a short period, where would our "only or principal home" be if say we were held by the police for 9 months? Even though we would not be living at home it would still be our only resident home or principal home, would it not?

Certainly I will let you know the outcome of this situation.

Micromat

GwylimT wrote: »

I take it they also haven't been saving since you asked them to leave?

Have you thought abouy sitting down together to compile a list of suitable properties?

The answer to your first question is NO because they are also trying to pay off debts!

Yes, we have already pointed out some suitable properties but they were not what they were looking for...

pleasedelete

Have you been declaring the rent on your tax return? (and if so as what?0 Do you have a mortgage? Is the income less that the amount you are allowed under rent a room?

GwylimT

Micromat wrote: »

The answer to your first question is NO because they are also trying to pay off debts!

Yes, we have already pointed out some suitable properties but they were not what they were looking for...

Would they like to live in your caravan until they find somewhere suitable?

Make them do an SOA, that way you and they can see exactly what they are spending and what can be reduced.

Where in the UK are you situated?

Micromat

pleasedelete wrote: »

Have you been declaring the rent on your tax return? (and if so as what?0 Do you have a mortgage? Is the income less that the amount you are allowed under rent a room?

Yes, I approached the tax office and told them the situation, ie that we were only there 3/4 months of the year and we had no other address. They told us we qualified for the rent-a-room scheme which we have been declaring on our tax forms.
Also there is no mortgage.

Is there a point to your questions?

Micromat

GwylimT wrote: »

Would they like to live in your caravan until they find somewhere suitable?

We did suggest this but it was declined!!

theartfullodger

Micromat wrote: »

Thank you for the link. I tried to understand the whole of schedule 1 (10) but unfortunately I'm no legal eagle so to me it's still open to interpretation!

The key wording (IMO) is 'only or principal home' which as we have no other address must be where we live with our daughter, albeit for only 3/4 months of the year.
Working on your assumption that a holiday, hospital or indeed short prison stay (that was totally unfounded because of mistaken identity) would be fine if it was only a short period, where would our "only or principal home" be if say we were held by the police for 9 months? Even though we would not be living at home it would still be our only resident home or principal home, would it not?

Certainly I will let you know the outcome of this situation.

It doesn't matter what sounds or feels reasonable or fair to you, or what assumptions you make, but what a Judge decides (were there to be an illegal eviction case - possibly civil (large fine) and Criminal (**free** holiday courtesy British taxpayer..)). And your daughter & partner know (I presume) a lot about your affairs & may be able to challenge your position & assumptions.

Assuming you are non-resident then "rent-a-room" would not apply & you should have (always) been declaring your rental income (even if making a loss) to tax-man: They fine people, plus other penalties, for late tax returns.

Also as non-resident the place would be a "second home" and liable to CGT (unlike your permanent home).

Where is your alleged "holiday home"?? If not in UK then you should also be signed up & have approval from HMRC as a "non-resident landlord" for tax purposes (a different set of regulations) - if not your tenant should be withholding 20%-ish to the rent for tax man.
http://www.hmrc.gov.uk/businesses/tmathe-non-resident-landlords-%28nrl%29-scheme.shtml

Do you have landlord insurance (rather than ordinary householders insurance)?? If not & the place burned down & tenants/kids were 'orribly burned (of course I hope not, but consider the case of non-related tenants) then very very likely the "householder insurance" company would not pay out & you'd be possibly close to bankruptcy (total loss of home plus negligence damages..). That's an insurance company decision, not Judge or HMRC decision. In your shoes I would IMMEDIATELY purchase landlord insurance, right now!

Does daughter have (formally) an "address for serving notices" in England or Wales? If not, no rent due(!).

Gas safety certificate?? Another criminal offence if not sorted..
http://www.gassaferegister.co.uk/advice/renting_a_property/for_tenants.aspx

I appreciate you may not have know any of these issues and had not planned to end up with possible criminal charges pending: I am not judging (I can't..) - just wish you to be aware of some of the issues...

Cheers!

GwylimT

Micromat wrote: »

We did suggest this but it was declined!!

The thing is it can't be a suggestion, personally I would either evict them or allow them to rent the caravan, I would however also allow them the option of paying market rent. Unfortunatelt you have enabled this behaviour so don't expect to be flavour of the month!

I assume you are using the biggest bedroom in the house etc.

theartfullodger

Old principle for landlords: NEVER rent to friends or relatives:

Annisele

I think it's unlikely that a moving caravan would be found to be OP's "home" - but what I think is irrelevant; as artful says it's a judge's view that may ultimately matter. I'd hope OP's relationship with child wouldn't deteriorate to the point child was making illegal eviction noises, but all is possible.

If child has had cheap rent for six years and is *still* in debt, I think there's a serious problem somewhere. Is this debt left over from many years ago, or was it acquired while child lived with OP? Might be worth pointing child towards Stepchange to try to get themselves sorted.

OP - your current house sounds quite large. Any chance you fancy downsizing to a nice one bed flat? That would free up capital and get rid of your house guests (but if they really are tenants, could cause you significant hassle).