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Evicting Family Members!

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124

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  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Annisele wrote: »
    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.

    This really sets alarm bells ringing. The daughter and son-in-law have been living well beyond their income if they are in debt after having all those years of cheap rent! If they had managed their money well, they could have been saving towards a deposit or at least building up a nice nest egg.

    You're going to really struggle to get rid of them. Things have gone beyond making 'suggestions' - time for some very tough love.
  • silvercar
    silvercar Posts: 49,528 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Seems very sad that family members who have benefited by being allowed to stay in family property for very low rent, then make accusations of unlawful eviction. Talk about biting the hand that feeds you!
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • pmlindyloo
    pmlindyloo Posts: 13,091 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    silvercar wrote: »
    Seems very sad that family members who have benefited by being allowed to stay in family property for very low rent, then make accusations of unlawful eviction. Talk about biting the hand that feeds you!

    To be fair I don't think the OP suggested that they are making accusations of unlawful eviction although after all the 'advice' they may well do!!!!!!!!!
  • Micromat
    Micromat Posts: 27 Forumite
    Thanks all for your posts.
    Gas safety certificate?? Another criminal offence if not sorted..

    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...

    I get the feeling you want us to do some time curtesy of her Her Majesty's Government lol?
    All your questions are answered on other posts except for the gas safety certs and insurance which we have renewed on a yearly basis.
    I must add there isn't any animosity between ourselves our daughter or her husband, the original post was intended to help us know which way to go. Nobody is going to challenge anything in court.
    GwylimT wrote: »
    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!
    .

    Obviously they would prefer to stay on a cheap rent but they understand the time has come for them to move on and they accept that! We will always remain family.
    Mojisola wrote: »
    This really sets alarm bells ringing. The daughter and son-in-law have been living well beyond their income if they are in debt after having all those years of cheap rent! If they had managed their money well, they could have been saving towards a deposit or at least building up a nice nest egg.

    You're going to really struggle to get rid of them. Things have gone beyond making 'suggestions' - time for some very tough love.

    Yes they should have saved some money they know that but they will go and the key word here is LOVE!
    pmlindyloo wrote: »
    To be fair I don't think the OP suggested that they are making accusations of unlawful eviction although after all the 'advice' they may well do!!!!!!!!!

    Absolutely correct, none of us will be going down the road of court actions, we will sort it in a fair and caring way.
  • theartfullodger
    theartfullodger Posts: 15,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 February 2015 at 7:22PM
    You misunderstand Sir: I simply wish you to understand the position you are in. Incidentally I missed one point: Weekly rent: There should be a rent book - is there??

    Do we take it no HB has been claimed (shouldn;t be possible if council think you live there anyway...)

    You stated earlier
    One option is the council but very hard to get a place unless they were homeless and that would mean we would need to evict them....
    Does anyone know where we stand and if the council would rehouse them? There's no contract and they pay the rent weekly, can we just evict them with reasonable notice?
    Why should the taxpayer pay for the council to firstly advise them and then rehouse them now??

    Has your daughter & partner reviewed the council's housing allocation policy (eg...)
    http://www.slough.gov.uk/housing/housing-register.aspx
    - to see how they stack up against your council's priority ratings?? (Each council has it's own rules, they vary, widely) If not suggest they do so rather fast:

    There are two ways to (hope that..) council house you...
    a) Being on the housing waiting list, usually for years & years: Do we gather they've not bothered? If not, I apologise. Dave changed the rules such that council can now offer an at-least 12month private landlord property and if prospective tenant declines say bye-bye, we owe you no more help or advice: Tread carefully for you tread on that cold wet park-bench ....
    b) Presenting oneself as "homeless", making a "homeless application" - see helpful stuff from Shelter
    http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council_when_homeless
    & hoping they decide to take you: Daughter & her family may then be housed somewhere neither you nor I would wish to live (eg homeless hostel) or miles away in another town/city.

    The children ultimately may be taken into care if everything fails.

    However, for the "homeless" route to work they need to be found not "intentionally homeless". Given you seem to be talking about a family conspiracy to get the council to rehouse them when they are satisfactorily housed now, I suspect council may have grounds to reject their application (councils are very good at this: It's called "gatekeeping" in the trade).

    Cheers!
  • pleasedelete
    pleasedelete Posts: 2,291 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Micromat wrote: »
    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?

    Establishing if they are lodgers or tenants- so yes a point.
    June challenge £100 a day £3161.63 plus £350 vouchers plus £108.37 food/shopping saving

    July challenge £50 a day. £ 1682.50/1550

    October challenge £100 a day. £385/£3100
  • Micromat
    Micromat Posts: 27 Forumite
    Ok Mr artfullodger I conceed, thank you for giving us much to think about, I will let you know the outcome.
  • Micromat
    Micromat Posts: 27 Forumite
    Establishing if they are lodgers or tenants- so yes a point.

    Tenant:
    a person who occupies land or property rented from a landlord.

    Lodger:
    a person who pays rent in return for accommodation in someone else's house.

    Are they tenants or lodgers in your opinion?
  • theartfullodger
    theartfullodger Posts: 15,693 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 1 February 2015 at 8:12PM
    The legal position is their may be tenants (there are, just for England & Wales, several varieties, including secure, common, Rent Act, Assured or AST...) or "occupiers with basic protection" or "excluded occupiers" (basic & excluding referring to being covered or not by the Protection from Eviction Act 1977) or squatters. "Lodgers" usually means "excluded occupier" (but not always..).

    IMHO they are AST tenants.

    When I started as a landlord I hadn;t a clue: It cost me a lot in time, money & aggravated bother (to me..)
  • Micromat
    Micromat Posts: 27 Forumite
    IMHO they are AST tenants.

    Just one last question:
    In your opinion, as we are living there now, if they are Tenants does that make us lodgers in our own home or do they now become lodgers themselves because we are living there?
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