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I think I have got myself in a right mess - I dont know what to do.
PsiDOC
Posts: 354 Forumite
Hi all. Not posted in a long time.
I think I have got myself in a right mess. This may take a while but bear with me please while I tell the entire story for start to finish so you know everything and can advise accordingly.
2.5 years ago daughter and other half started renting the house we used to live in and were getting ready to put up for sale.
This was no contract or tenancy agreement with rent at a significantly reduced rate - we were trying to help them out, letting them off a month here and there on the rent when money was short etc - as parents do.
Last year daughter decided to go back into education and asked for tenancy agreement for some funding or other, so I found one online. Signed it and sent it to her.
This agreement was for 12 months and ended December 31st last year. I forgot to renew it.
Then things started going wrong. Daughter and other half fell out and he leaves. Daughter gets a new man in her life.
We then start getting noise complaints from neighbors in the street. Daughter and new man repeatedly arguing late at night, early morning after the alcohol has been flowing which I speak to daughter about, I get promises it won't happen again. Arguing still continues. Neighbors keep complaining to me. Bear in mind that at least 2 neighbors have small children, so I feel obligated to take this to the next level. Also daughter is now 2 month behind on rent as not paid for June / July with no reason or explanation. When I eventually see her I told her don't worry about Julys rent.
So in an effort to try and curb this I put a tenancy agreement in place again with noise clauses starting July in the hope that she'll realise this is serious.
The neighbors document 2 noise nuisances throughout July. Midnight and 5am.
Daughter actually manages to pay rent for August.
Earlier this month there was right to do at the house, police called, arrests made, huge noise disturbance. So I serve a section 8 notice as a short sharp shock.
Daughter seeks advice from local CAB / Shelter / Someone more knowledgeable, and triumphantly points out on the phone that tenancy is null and void as I don't have a Landlord number.
I looked into this and she is right. So I have told her to tear up contract and section 8 as they are to use her words "not worth the paper they are written on". I have also refunded her the month's rent that she paid for August so she has been living at the house effectively rent free for the last 3 months with no tenancy agreement.
I have no doubt the noise disturbances will not cease so we feel it's time for daughter (ages mid 20's) to make her own way in the world and leave.
Bearing in mind my daughter can be a nasty, vindictive person, what am I looking at here on the bleak side as it looks like I have fallen foul of a few things along this journey from hell.
Where so I stand with this?
Where do i stand on getting her to leave?
What do I do now as I have no idea.
... Help!!
Thanks.
I think I have got myself in a right mess. This may take a while but bear with me please while I tell the entire story for start to finish so you know everything and can advise accordingly.
2.5 years ago daughter and other half started renting the house we used to live in and were getting ready to put up for sale.
This was no contract or tenancy agreement with rent at a significantly reduced rate - we were trying to help them out, letting them off a month here and there on the rent when money was short etc - as parents do.
Last year daughter decided to go back into education and asked for tenancy agreement for some funding or other, so I found one online. Signed it and sent it to her.
This agreement was for 12 months and ended December 31st last year. I forgot to renew it.
Then things started going wrong. Daughter and other half fell out and he leaves. Daughter gets a new man in her life.
We then start getting noise complaints from neighbors in the street. Daughter and new man repeatedly arguing late at night, early morning after the alcohol has been flowing which I speak to daughter about, I get promises it won't happen again. Arguing still continues. Neighbors keep complaining to me. Bear in mind that at least 2 neighbors have small children, so I feel obligated to take this to the next level. Also daughter is now 2 month behind on rent as not paid for June / July with no reason or explanation. When I eventually see her I told her don't worry about Julys rent.
So in an effort to try and curb this I put a tenancy agreement in place again with noise clauses starting July in the hope that she'll realise this is serious.
The neighbors document 2 noise nuisances throughout July. Midnight and 5am.
Daughter actually manages to pay rent for August.
Earlier this month there was right to do at the house, police called, arrests made, huge noise disturbance. So I serve a section 8 notice as a short sharp shock.
Daughter seeks advice from local CAB / Shelter / Someone more knowledgeable, and triumphantly points out on the phone that tenancy is null and void as I don't have a Landlord number.
I looked into this and she is right. So I have told her to tear up contract and section 8 as they are to use her words "not worth the paper they are written on". I have also refunded her the month's rent that she paid for August so she has been living at the house effectively rent free for the last 3 months with no tenancy agreement.
I have no doubt the noise disturbances will not cease so we feel it's time for daughter (ages mid 20's) to make her own way in the world and leave.
Bearing in mind my daughter can be a nasty, vindictive person, what am I looking at here on the bleak side as it looks like I have fallen foul of a few things along this journey from hell.
Where so I stand with this?
Where do i stand on getting her to leave?
What do I do now as I have no idea.
... Help!!
Thanks.
Near a tree by a river, there's a hole in the ground.
Where an old man of Aran goes around and around....
Where an old man of Aran goes around and around....
0
Comments
-
Hi all. Not posted in a long time.
I think I have got myself in a right mess. This may take a while but bear with me please while I tell the entire story for start to finish so you know everything and can advise accordingly.
2.5 years ago daughter and other half started renting the house we used to live in and were getting ready to put up for sale.
This was no contract or tenancy agreement with rent at a significantly reduced rate - we were trying to help them out, letting them off a month here and there on the rent when money was short etc - as parents do.
Last year daughter decided to go back into education and asked for tenancy agreement for some funding or other, so I found one online. Signed it and sent it to her.
This agreement was for 12 months and ended December 31st last year. I forgot to renew it.
Then things started going wrong. Daughter and other half fell out and he leaves. Daughter gets a new man in her life.
We then start getting noise complaints from neighbors in the street. Daughter and new man repeatedly arguing late at night, early morning after the alcohol has been flowing which I speak to daughter about, I get promises it won't happen again. Arguing still continues. Neighbors keep complaining to me. Bear in mind that at least 2 neighbors have small children, so I feel obligated to take this to the next level. Also daughter is now 2 month behind on rent as not paid for June / July with no reason or explanation. When I eventually see her I told her don't worry about Julys rent.
So in an effort to try and curb this I put a tenancy agreement in place again with noise clauses starting July in the hope that she'll realise this is serious.
The neighbors document 2 noise nuisances throughout July. Midnight and 5am.
Daughter actually manages to pay rent for August.
Earlier this month there was right to do at the house, police called, arrests made, huge noise disturbance. So I serve a section 8 notice as a short sharp shock.
Daughter seeks advice from local CAB / Shelter / Someone more knowledgeable, and triumphantly points out on the phone that tenancy is null and void as I don't have a Landlord number.
I looked into this and she is right. So I have told her to tear up contract and section 8 as they are to use her words "not worth the paper they are written on". I have also refunded her the month's rent that she paid for August so she has been living at the house effectively rent free for the last 3 months with no tenancy agreement.
I have no doubt the noise disturbances will not cease so we feel it's time for daughter (ages mid 20's) to make her own way in the world and leave.
Bearing in mind my daughter can be a nasty, vindictive person, what am I looking at here on the bleak side as it looks like I have fallen foul of a few things along this journey from hell.
Where so I stand with this?
Where do i stand on getting her to leave?
What do I do now as I have no idea.
... Help!!
Thanks.
Landlord number? Do you live in an area with compulsory landlord registration? Usually I would ask if you live in Scotland where landlords must be registered with the local council but I ruled that out since you issued your daughter with a Section 8 notice.
Other than the landlord number is there anything else you've forgotten to do as a landlord? Current gas safety certificate? "How to rent" booklet? Did you take a deposit and if so it it protected? It's important that you dot all the i's and cross all the t's if you want to be able to evict her.
Read G_M's guide to Ending/Renewing an AST.0 -
Landlord number? Do you live in an area with compulsory landlord registration? Usually I would ask if you live in Scotland where landlords must be registered with the local council but I ruled that out since you issued your daughter with a Section 8 notice.
Other than the landlord number is there anything else you've forgotten to do as a landlord? Current gas safety certificate? "How to rent" booklet? Did you take a deposit and if so it it protected? It's important that you dot all the i's and cross all the t's if you want to be able to evict her.
Read G_M's guide to Ending/Renewing an AST.
No nothing done. Nothing at all.Near a tree by a river, there's a hole in the ground.
Where an old man of Aran goes around and around....0 -
OP lives in Wales and I 'believe' that landlords have to be registered.
OP - you have my sympathy .....you've tried to help your daughter & basically had it thrown back in your face.0 -
I believe you are correct too. hence one of the reasons why I am here.gettingtheresometime wrote: »OP lives in Wales and I 'believe' that landlords have to be registered.
https://www.rentsmart.gov.wales/en/landlord/landlord-registration/Near a tree by a river, there's a hole in the ground.
Where an old man of Aran goes around and around....0 -
If you aren't a landlord then, presumably, she isn't a tenant?
What rights does she have in those circumstances?0 -
What type of education is she in?
The reason I ask is does she have to produce a tenancy agreement in September when the new education year starts? If so you have a few weeks to do everything you need to get yourself legal she will want a new tenancy agreement and will sign one with the noise clause.0 -
If you aren't a landlord then, presumably, she isn't a tenant?
What rights does she have in those circumstances?
But if the OP has given the daughter an agreement, she is a landlord.
OP - tbh I'd bite the bullet - go & get professional help. Yes you might be fined for not registering and the process to remove your daughter may be longer but it's got to be worth it - at the moment she thinks she's untouchable because you haven't registered and are afraid of the consequences.0 -
gettingtheresometime wrote: »But if the OP has given the daughter an agreement, she is a landlord.
OP - tbh I'd bite the bullet - go & get professional help. Yes you might be fined for not registering and the process to remove your daughter may be longer but it's got to be worth it - at the moment she thinks she's untouchable because you haven't registered and are afraid of the consequences.
I suspected that might be the case. And, I agree, start now to do things correctly.0 -
Unofortunately, in life, kindness is often seen as weakness and taken advantage of.
I would go sit down with her and ask her to leave as amicably as possible. Failing that, a solicitor and eviction is sounding like your only option.0 -
No nothing done. Nothing at all.
Then you will need to get all your ducks in a row, including registering as a landlord, before you attempt to evict her again.
You're not the first and you won't be the last to try and help family but situations like this are why it's important to treat the let the same as you would to a stranger by making sure that as a landlord you do everything by the book.0
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