Rented House advice

Pixie5740

Paul_Jones_1984 wrote: »

Technically, perhaps.
But in reality the tax man doesn't go around checking how much money family members "gift" each other now and again.

It’s not a technicality and there is no perhaps about it, what you are proposing is tax evasion which you expect your family to be complicit in.

saajan_12

Paul_Jones_1984 wrote: »

Thanks for all the replies.

Having read through it all, it seems I have two options:

1. Change the locks, throw ex GF out and sort something regarding her belongings. Then take back the house to live in. - then you can terminate the tenancy by either agreeing a mutual surrender with the LL or vacating by the end of the fixed term.

2. Change my bank account. Tell my employer my new account. This will stop all payments for rent and utilities. Then just wait and see what the landlord and letting agents do. I guess it that would mean them pestering me for a while, then CCJ.
- crazy, why change account? you could just cancel your standing orders / direct debits for rent & bills. However that doesn't change your liability.. some will pursue to get something back eventually. some will pursue just to punish you.

My gut instinct tells me to go for option 2. Mainly because it would avoid any confrontation with my ex GF. My income has dropped since moving. I expect the creditors would go for attachment of earnings, but that wouldn't be much. - The LL has 6 years to get a CCJ, and wait to act on it if/when you have more assets/earnings. Do you not expect to do better financially in the future at all? At the moment you only owe rent for x more months.
If it goes to court, you'd be liable for the LL's costs to evict,
court costs, bailliff costs to recover which will be significant.
Also, even if they don't recover the money, you will have a CCJ on your credit report. That means years of pain to get a credit card,
open accounts, rent, buy..

But my head tells me to go for option 1. This would avoid any CCJ and also there is the furniture to consider. It cost quite a lot new. If I walked away from the house, I'd lose the furniture. Either the landlord or my ex GF would take it. Plus I'd lose my deposit.

I've come to realize I don't really want to continue with the rented house. I will likely stay with my parents for the longer term. But if I take the rented house back I can arrange to sell the furniture.

So I'm planning to go ahead with option 1. Even though it makes me feel really nervous and sick.

Regarding the locksmith. I'd rather get it done when ex GF is out. But she is in the house most of the time. My colleague suggested arranging a "meeting" with ex GF somewhere else, saying that I want to discuss handing the house over to her etc, then at that time getting someone to change the locks whilst we chatting away from the house. This feels very dishonest, but probably is the best way. Otherwise I would have no way of arranging a suitable time with the locksmith.

So can anyone advise whether the locksmith will ask me for documentation etc to prove it's my house before he breaks in?
- they should. Nothing to be worried about though,
just be ready with your tenancy agreement and identification,
maybe even a bill in your name at that address.

Also, this will result in my ex GF arriving back at the house, probably with a baby and toddler, to find herself locked out. Then what? I'm guessing she'll need to go to the council offices. - yes, the kids may help her get emergency housing, but long term housing is unlikely. There's no way she'll get on a train back to Leeds with two little ones. Even if I gave her the money. She'll need a small van to collect all her belongings, pram etc. - She just needs essentials,
and can collect the rest at a later arranged date (with police standby if you think it could get ugly.

My colleague advised putting all her stuff in a local self storage unit. Pay for the first month, then just hand her the key / code to access. End of the month, I cancel the storage payment and it's between her and the storage company.- perhaps,
as long as you don't get tied into another rental agreement of the storage unit which you're liable for and she doesn't vacate. Only consider this if you are not tied into a long term contract, but can surrender the unit and belongings (ie if gf doesn't pay, she loses belongings rather than chase you).

Option 2 doesn't make sense.. of course don't change bank accounts, just cancel standing orders/direct debits. However if you walk away, you can end up with a CCJ. LL can wait to pursue this in the future, when you probably will have higher income/assets.
a. sizeable, unpaid CCJ will trash your credit record, making it impossible to open new accounts, get credit cards, rent, buy..
b. liable for paying rent as well as court & bailiff costs to recover the money, which are significant.

Option 1 isn't as scary as you think. Harassment would be an ongoing act, not a one off changing locks of a property you have the right to live in and she does not, when the gf was not even present. This is not harassment. Her belongings can be dealt with by putting in storage or hiring a man&van for a day.

Paul_Jones_1984

Pixie5740 wrote: »

It’s not a technicality and there is no perhaps about it, what you are proposing is tax evasion which you expect your family to be complicit in.

Well it wasn't actually my idea.
Anyway,

It seems quite common with small family businesses in my experience.
It actually benefits the employer too, as they pay less employers NI.

In reality, HMRC are not able to distinguish gifts from pay.
Obviously the money for the "gift" needs to come out of the company's income somewhere.
But do you really think that every car taken into most garages gets put through the books?
I'm sure you know this really.

Paul_Jones_1984

SnooksNJ wrote: »

My guess is he still loves her and believes by letting her stay there is hope of a reconciliation. In the meantime she will string him along so he continues to pay for everything. Unbeknownst to the OP, either one of the baby daddies or a new boyfriend moves into the house during this "reconciliation". They end up trashing the place leaving a financial mess for the OP.
Eventually OP get's smart and finds a normal GF. They want to move in together only to find out OP has a CCJ and it creates a mess.
It happens all the time on Judge Judy.

Ignoring the American soap opera comments, yes I am concerned my belongings may be damaged (trashed is not an English word). That is the main reason I am trying to act in a sensible manner and not antagonize.

And by "normal" GF, you mean one who goes on the tenancy agreement? Or one who never gets pregnant?

Well yes, in an ideal world no one would have debts and relationships would not end etc. But people need to deal with reality.

buggy_boy

Your insane if you consider option 2, you will still be liable for the costs, you will also be liable for all the legal costs... Also as a warning, its likely the LA will find where you live, when bailiffs arrive at your parents house they will assume everything inside is yours unless you can prove with receipts etc that everything of value is theirs not yours, can you and they do that?

If you want to be kind to your ex, say to her that as it is you on the tenancy you are responsible for the property, say you will pay for a months rent and all the bills etc but then she needs to leave.... If she does not leave wait a few more days after the month is up then change the locks when she is out, remember to stick a piece of paper on the inside so it can be seen from the outside saying something along the lines of "Notice: Only (your name) gives permission to change any locks, anyone doing so without this permission is committing a criminal offence and will be seen as breaking and entering)", this will stop her changing the locks back on you if you are out....

Once you are in the property talk to the agent, they will likely say you will have to cover the cost of the rent till a new tenant can be found and the tenant finding fee.

Paul_Jones_1984

SnooksNJ wrote: »

My guess is he still loves her and believes by letting her stay there is hope of a reconciliation. In the meantime she will string him along so he continues to pay for everything. Unbeknownst to the OP, either one of the baby daddies or a new boyfriend moves into the house during this "reconciliation". They end up trashing the place leaving a financial mess for the OP.
Eventually OP get's smart and finds a normal GF. They want to move in together only to find out OP has a CCJ and it creates a mess.
It happens all the time on Judge Judy.

Also, if you had read my posts, you would have seen that I have no intention of continuing to pay for everything.

When I met this girl she was on her own with a two young babies. She got no money from either father, so it's hardly surprising she ran into financial problems.

Ragtimeplayer

This has to be a windup! no one in their right mind would consider anything other than changing the locks while the ex girlfriend is out. It looks to me like the op is dragging his feet, I don't believe this is a real scenario.

The responses he has given aren't what a rational person would give, just my two pence worth.

Paul_Jones_1984

Ragtimeplayer wrote: »

This has to be a windup! no one in their right mind would consider anything other than changing the locks while the ex girlfriend is out. It looks to me like the op is dragging his feet, I don't believe this is a real scenario.

The responses he has given aren't what a rational person would give, just my two pence worth.

And how do I know when she's out?
She only really goes on short trips to the shops.
So if she's only gone out to the shops, do I just call the locksmith? Most likely she'd be back before they arrived.
Sounds like you don't really have much experience of this situation.

Marvel1

Paul_Jones_1984 wrote: »

Thanks for all the replies.

Having read through it all, it seems I have two options:

1. Change the locks, throw ex GF out and sort something regarding her belongings. Then take back the house to live in.

2. Change my bank account. Tell my employer my new account. This will stop all payments for rent and utilities. Then just wait and see what the landlord and letting agents do. I guess it that would mean them pestering me for a while, then CCJ.

My gut instinct tells me to go for option 2. Mainly because it would avoid any confrontation with my ex GF. My income has dropped since moving. I expect the creditors would go for attachment of earnings, but that wouldn't be much.

:wall: and mess up your credit rating.

Paul_Jones_1984

Quizzical_Squirrel wrote: »

Would it be a good idea to contact the relevant council(s) to find out what would happen if this woman and her children presented themselves as immediately homeless in these circumstances?

It might reassure you, give you somewhere to point her, and inform you about any paperwork she needs (e.g. a letter saying she is no longer welcome at your home).

I agree with everyone that you must get her out of your rental property, for so many very good reasons, but she needs to have somewhere to go. Somewhere that's open in the daytime that she can get to.
You can't just leave her on a winter street with babies.

If the council won't take her immediately, can you pre-pay somewhere for a week?

I'm sure the council will sort something when she arrives at their office. It's more the initial shock of being locked out and actually getting to the council office with two babies who might be hungry, need changing etc.
I'd much rather sort it amicably and drive her to the council office myself and explain to them the situation. But I just don't think she's going to agree to that.
Also no way will she agree to go and stay in a B&B etc.

She's always been told that you need to wait until the bailiffs arrive, before moving out of anywhere. She's said it before when we were in Leeds, talking about her old place etc. That seems absolutely ingrained in her mind, wait until the bailiffs arrive.