Urgent Advice needed: Possible eviction from non legitimate dwelling

Discussion in 'benefits and housing' started by DaRealSpoon, Jan 4, 2018.

  1. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Hello Urban,

    Been away for a fair while but I have a predicament and I reckon this might be the place to get some much needed advice.

    So for the last year (just under) me and mrs spoon have been living on a lovely small holding, it was here where our son was born in July last year. We live in a small orchard in a static caravan which is fully connected up to all services. It was put here for us specifically as the owner of the land emigrated last year to Canada and he got us in to look after his animals etc (some goats, chooks and ducks.. Nothing commercial, just pets). After 3 months in Canada he decided he didn't like it and he came home promising that our positions were fine and to carry on as we were. We've put lot of work in the last year into making this a lovely home for our baby, building full decking, a burner and lots of other bits. Yesterday, 3 days into the new year, matey announces to us via text that he's going to move us to the other end of the small holding so he can put in his ridiculous airstream moterhome in our place to rent out for holiday let. Where he wants us to move is right next to the main road (one of the busiest and most deadly in cornwall) there were several deaths last year.

    It's really not suitable for us with a 5 month old baby a dog and a cat.

    My partner tried to speak to him this evening, I stayed away because I'm furious and I knew I was liable to lose my temper. Despite trying to be civil and diplomatic, when mrs spoon explained our position he basically got really aggro and said tough shit, thats what I'm doing. He's seen what a nice space we've made this and £ signs have flashed up in his eyes so thats that.

    I just want to know what rights (if any) we have in this situation...

    • The static is not legitimate to begin with... He has no permission for it. Council came round last summer but basically can't be bothered to pursue anything as it's too much hassle and not really visible by anyone.

    • We don't have an official contract as such, just verbal and text and email threads relating to what the 'deal' is.

    • He also has a cottage on here that is not legitimate or registered, he's been renting it out for years knowing full well it's not legit... Possible leverage?

    • He has 1 airstream caravan that he has been renting airBanB for 2 years, again... He has massively exceeded the 90 day limit for holiday renting.. More leverage.

    Not sure what else to add and I'm sorry if this is a bit of a ramble, I'm still fuming.

    Any questions or relevant details that you think might be useful, please ask... Brains just a bit scrambled from it all... Hello 2018... ffs!
  2. purenarcotic

    purenarcotic Conveniently Pocket Sized

    You probably could be classed as a tenant which will give you some rights regarding a two month notice period to leave, I don’t think you’d get much more than that.

    Have you tried Shelter?
    BigTom and Badgers like this.
  3. Miss-Shelf

    Miss-Shelf I've looked at life from both sides now

    leveraging his misdemeanours is not really going to help you, I wouldn't think. You don't have enough on him to really exert pressure, do you?

    In the past, did he have a compassionate side to appeal to? What negotiations can you do with him? How far are you prepared to stay put and make him make you leave?

    What a horrible shock. I hope you get a good outcome for you and your family.
    existentialist likes this.
  4. editor

    editor Taffus Maximus

    What a fucking bastard. I hope you manage to sort this out.
  5. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Yeh, I was guessing/hoping we would be classed as tenants.. But not sure. When the council came and visited last year, they said that even if they got round to evicting us the process could take 2 years. We're kind of prepared to dig in and say he if he wants us out he'll have to go down that route... But sure where we will stand when he is technically offering us an alternative... Just one that is really not acceptable.

    To be honest, it's just the stress and upheaval, we've moved around so much in the last 2-3 years and we came here because he promised he wasn't going to do something like this...
    Miss-Shelf likes this.
  6. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    We also know for certain that he had an affair on his wife who was 6 months pregnant at the time with his child... He flew her out to Canada ahead of him and then cracked on with another woman... I know... What a guy

    Leverage enough?

    You're probably right, leverage may not work... But I don't think he is willing to compromise in his position.
  7. Miss-Shelf

    Miss-Shelf I've looked at life from both sides now

    Are you in a position to sit tight for now? It's not as if he can rent out the caravan much at this time of year, is it?
    Having known him a while (?) do you think he will simmer down and think again about giving you more time to make other plans?
  8. editor

    editor Taffus Maximus

    Is there a Citizen's Advice centre near you?
    Citizens Advice

    It might be worth asking around for a legal representative because you do have a form of contract, even if it's only emails.
  9. Puddy_Tat

    Puddy_Tat meh

    also worth considering whether he's the sort who would politely go through the legal processes for an evicton, or if he would use more direct methods...

    whatever the legal and moral position, there are times when safety (especially with baby involved) has to come first.

    you know the twunt, i don't...

    best of luck.
  10. Pickman's model

    Pickman's model Every man and every woman is a star

    Athos might the texts / emails go some way to being a contract and giving yer man some rights?
  11. If he's moving you to the other end of the small holding does that include the caravan, decking etc? If so, then I'd go with it. You've still got your place to live, just in a different place
  12. BigTom

    BigTom Well-Known Member

    Think this is too specialist and complicated for the hive mind of urban tbh and I would really strongly suggest you give Shelter a call tomorrow: Get help
    A380, kabbes, crossthebreeze and 5 others like this.
  13. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    He's just sent us a text message saying "Following on from today's conversation I am giving you notice that you have until the 2nd February to vacate the property"

  14. Athos

    Athos Well-Known Member

    I suggest Shelter; not really my field, I'm afraid - sorry.

    Good luck, Spoon.
  15. editor

    editor Taffus Maximus

    I reckon you have a strong case to tell him to fuck off, if only for a while.
  16. Athos

    Athos Well-Known Member

    I wonder if he's declared all his income to the tax man?
  17. editor

    editor Taffus Maximus

    And if he does hoof you off, report the fucker for everything!
  18. Poot

    Poot Everyone's a superhero, everyone's a Captain Kirk

    Is it worth checking that he definitely owns the land? I know it sounds like a silly question but sometimes people simply have a long tenancy.
  19. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    He almost certainly does not...

    Yep, he definitely owns it. He inherited from his mother.
  20. purenarcotic

    purenarcotic Conveniently Pocket Sized

    We’ve recently supported a woman with no contract, dodgy status within the country and hadn’t paid rent for ages and Shelter said she had grounds to be classed as a tenant so whilst I’m in no way qualified to say for sure you’d be hopeful written stuff of some kind is very useful.
  21. Pickman's model

    Pickman's model Every man and every woman is a star

    Have you had a look at the land registry records? Just to make sure, like
    planetgeli likes this.
  22. Ground Elder

    Ground Elder Well-Known Member

    Congratulations on the baby DaRealSpoon :cool: You need to be talking to Shelter asap.
    Chemical needs likes this.
  23. Plumdaff

    Plumdaff joy in people

    If you're classed as a tenant he'll be hard pushed to get a judge to agree to eviction of a tiny child at that notice. We had to look into the legalities of this last year in different circumstances. I would say he doesn't sound like someone you want a long term arrangement with, but you may have wriggle room. Good luck.
  24. Libertad, Miss-Shelf and editor like this.
  25. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Thanks mate :) I was hoping you'd see this, do you not do what you did anymore or is this not really same field?
  26. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Yep, when the council visited last year the guy said we'd be granted a 12 month notice at least... Possibly 18 month.

    Does having an eviction fuck you up financially? In a loan/mortgage sense like a ccj does?
  27. Ground Elder

    Ground Elder Well-Known Member

    Not quite my area, but in the past when we've worked with Shelter in Cornwall they've always given exemplary support and advice.

    I don't think there's any reason for an eviction to make a difference to your credit rating, unless it was for non-payment of rent.

    I hate Airstreams :rolleyes:

    Shelter Truro
  28. Plumdaff

    Plumdaff joy in people

    If you keep paying any rent or bills due, I don't think so.
    DaRealSpoon likes this.
  29. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Will call shelter in the morning and update you all... Baby's gone to bed... I'm hitting the hard stuff.. I've not felt like this in ages, must be some primal family protection shit... First time in years I've genuinely felt I could initiate violence at someone. :(
  30. joustmaster

    joustmaster offcumdun

    I guess you are his tennant. So he can give you a two month notice to leave.
    Its shit. But thats the reality of renting.

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