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Evicting non paying guests.

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  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    if they have not paid rent then they are not tenants - so that should make it slightly easier to get them out. do NOT accept any money from them even if they offer.
  • prudryden
    prudryden Posts: 2,075 Forumite
    clutton wrote: »
    if they have not paid rent then they are not tenants - so that should make it slightly easier to get them out. do NOT accept any money from them even if they offer.

    As Clutton states above, they are guests and once you ask them to leave (no reason needed), they should vacate. If they do not, they are at risk of prosecution for trespass. Go for it!
    FREEDOM IS NOT FREE
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Good advice from Voyager and Clutton.

    You definitely need a solicitor here. On the bright side a stern solicitor's letter might make them realize that the game is up, you mean business and just leave.

    On the black side. They will probably be entitled to legal aid. They may contend that they have a tenancy. The police may not be interested, saying this is civil matter.

    First stop.......solicitor.

    teryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • pinkshoes
    pinkshoes Posts: 20,535 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just notify them that the building work will be starting next week, working 7.30am until 5pm, and instruct the builders to make as much dust, mess and noise as possible. Tell them you'll be moving in when the building work is finished, but they can RENT your other house from you for £x/month.

    As Clutton has pointed out, they are not paying tenants, so don't really have many rights... perhaps go on rightmove.co.uk and print off some suitable properties for them to rent.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • mystic_trev
    mystic_trev Posts: 5,434 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I agree with others, and I've been in a similar situation myself, some years ago. Your 'guests' have NO rights whatsover - evict them.

    A friend in need is a pain in the @rse.
  • Getting them out is likely to be fairly straightforward, but a solicitor would ensure that you don't make any mistakes with the process that could prove horribly expensive later. However, it might be worth calling the Shelter advice line and asking whether they can tell you what to do, or at least point you to a good solicitor in your area. And check your home insurance: many such policies include legal cover, so you might not have to pay your costs anyway.

    Perhaps your biggest worry should be any more damage that these people might do before you get rid of them. Be careful to try to avoid anything that they might take as a provocation to (further) vandalism. Of course, if the damage they have already done is deliberate, and you have reason that they might do more, you could ask the police to intervene: criminal damage is an offence, and the police might take action to prevent such an offence being committed.

    Certainly free solicitor advice or CAB is a good route to go down but I'm not sure Shelter is entirely appropriate - they are after all a homelessness charity - not sure they really give advice on how to evict people!!
  • Snooze
    Snooze Posts: 2,041 Forumite
    1,000 Posts Combo Breaker
    Cbar, if they're blatantly taking you for a ride then change the locks and have done. And don't feel bad about it either - they deserve it. Do it.

    Rob
  • Cbar
    Cbar Posts: 7 Forumite
    Well so far the one thing we all seem to agree on is that I’m going to need legal advice, which will inevitably mean spending more cash. I’ve talked to Shelter, the very nice lady there wanted to help but was restricted by the fact that she normally gives advice to people on the other side of the fence; trying to get hold of the CAB is like banging your head against a brick wall, however I’ll persist.
    As of right now they may not have many rights but that’s not entirely clear to me, also the danger is if (and I suspect this is what will happen next) they decide to invoke there rights by changing the locks and becoming squatters. I’m also very nervous to go down any road that might antagonise them (until we’ve reached the point of no return) for fear of further (unintentional?) damage to our property and standing in the community.
    I have to keep telling myself that we had (before they moved to Spain) known them for years, they had a beautiful home and good jobs, we regularly sat for there little girl, we occasionally went for meals together; We could not see this coming, we have not been fools.
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Snooze wrote: »
    Cbar, if they're blatantly taking you for a ride then change the locks and have done. And don't feel bad about it either - they deserve it. Do it.

    Rob


    Snooze and other posters, I know exactly where you are coming from here, and morally I agree with you. On the face of it these !!!!!!!!!!s deserve all they get.

    BUT these people will be able to receive legal aid, they may have some !!!! and bull story that they are tenants. Damages claim follows funded by legal aid. Cbar has an even bigger problem.

    This is why I strongly suggest that a solicitor is involved.

    terryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
  • terryw
    terryw Posts: 4,396 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    Cbar wrote: »
    Well so far the one thing we all seem to agree on is that I’m going to need legal advice, which will inevitably mean spending more cash. I’ve talked to Shelter, the very nice lady there wanted to help but was restricted by the fact that she normally gives advice to people on the other side of the fence; trying to get hold of the CAB is like banging your head against a brick wall, however I’ll persist.
    As of right now they may not have many rights but that’s not entirely clear to me, also the dander is if (and I suspect this is what will happen next) they decide to invoke there rights by changing the locks and becoming squatters. I’m also very nervous to go down any road that might antagonise them (until we’ve reached the point of no return) for fear of further (unintentional?) damage to our property and standing in the community.
    I have to keep telling myself that we had (before they moved to Spain) known them for years, they had a beautiful home and good jobs, we regularly sat for there little girl, we occasionally went for meals together; We could not see this coming, we have not been fools.

    My post 20 crossed with yours above. You don't look a fool, believe me.
    CAB do take ages. Why not ring a few local solicitors and ask if they do the free thirty minutes deal? Even if they don't you might be referred to one that does.

    best wishes

    terryw
    "If you can bear to hear the truth you've spoken
    Twisted by knaves to make a trap for fools"
    Extract from "If" by Rudyard Kipling
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