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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...

    Thank you :)

    Just had a the call from CLA and it sounds good. Basically, it is a tenancy and he has to serve us with a valid section 21 to get us to leave. That would be 2 months from the date its served.

    However, he can only serve a valid section 21 if he has a licence to rent the property... Which he doesn't. Thus meaning he would need to obtain that licence before he can evict us.

    If he tries to evict us or deny access or any of that dodgy shit before getting the licence and serving the section 21 then it's an unlawful eviction, call old bill job.

    The solicitor is sending it all to me in writing, so I have something to show him to back it all up.

    What I'm not entirely sure on is if the council denies him a licence to rent the caravan (which I think is almost certain), what then?

    I've also spoke to the council themselves today and they've opened up a case, they'll call me next week to go through fully... But they seemed less than impressed with his actions and quite supportive of our situation.
     
  2. cupid_stunt

    cupid_stunt & dyslexic cnut.

    That all sounds like good news. :thumbs:
     
    Miss-Shelf likes this.
  3. Plumdaff

    Plumdaff joy in people

    Good news, must be a massive relief :)
     
  4. bellaozzydog

    bellaozzydog Well-Known Member

    If that happens are you out on your ear?

    What's the situation with a move up,the field (or does he now want you off his property totally) Is there anything he could offer that would make it more acceptable to move within his bit of land? Fencing, any decking, storage, new access, or reduction in rent?

    If he crashes into officialdom and the legal system it may end up being an unusable bit of land and everyone loses. Or is the dude such a chopper you don't think you have a tenable/workable relationship with him for the future?
     
  5. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    I get what your saying but maybe I should just clear up the situation a bit.

    It's by no means 'a site'. It's 5 acres with a large house on it. He just thought that he could blithely chuck a static caravan in a corner and take part rent/part help from someone whilst he emigrated and they looked after the place. Typical of alot of land owners really, thinking that because they own property they can do what the fuck they want with it.

    The point is, since he jacked in his emigration and returned... We are really surplus to requirements, he wouldn't try and get anyone else in after we leave.

    Yeh, the moving to a new spot ship has sailed. When we said we really didn't want to move (quite diplomatically I might add) he lost it and said in which case, leave. There is nothing you could do to change its proximity to the road though.. And that's our concern. It's a full on 60mph A road. For example, 18 months ago, before we moved here, a car flew off that bit of road and landed almost exactly on the spot he wanted to move us to... 3 people died. 2 weeks before xmas, literally 20ft up the road a young guy came off, hit a tree and died. Im not putting my family there.

    He knew all along we wouldn't want to move and was hoping we would just leave in that case. He has no idea that we have pretty decent rights, same as a normal bricks and mortar tenant in this situation.
     
    Last edited: Jan 8, 2018
  6. beesonthewhatnow

    beesonthewhatnow going deaf for a living

    Only just caught up with this, sorry to hear it mate :(
     
    DaRealSpoon likes this.
  7. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Sorry, dp.
     
  8. bellaozzydog

    bellaozzydog Well-Known Member

    Sounds like a real toilet. Stick it to him and good luck with finding a better place to live.

    Where abouts in Kernow are you?
     
  9. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Yep, naive of us to expect anything more from him. He shipped his misses (who was 6 months pregnant at the time of) abroad 1st, then proceeded to have an affair with a much younger woman. Then when he came back (probably because he was missing his new mistress) , he carried on his affair, and carted his wife and new baby off to a flat somewhere.

    What. A. Guy.

    Truro/fal ish areas :)
     
  10. kabbes

    kabbes "A top 400 poster"

    I have to admit that I am pleasantly surprised to discover that a tenant still has some degree of protection in a situation like this. Tenants' rights have eroded so much down the years that I feared the worst when I read the OP. Good luck to you, and I hope you continue to get a good outcome.
     
  11. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    I've discovered that it is intrinsically linked to the permanency of the set up. So our static, which is fully connected to all services but also its own entity and in such a position that it would be very difficult to remove... Cutting down mature trees and removing a fence, is the key. Also, the full decking which HE requested, shows clearly his intention originally was for it to be permanent.

    Also, we have 'exclusive possession', no one else uses it or has access.

    Therefore it's basically the same as any dwelling or flat for tenancy purposes.

    This wouldn't be the case if it was just shoved in a field and could be towed/moved at will.
     
    Last edited: Jan 8, 2018
  12. Smangus

    Smangus comatose at a desk

    Good news, good luck with it , maybe you should ask him if he's done his self assessment tax return yet as the deadlines coming up.....:hmm:;)
     
  13. Ralph Llama

    Ralph Llama Fuck the system.

    Just be shure of that :/
     
  14. Poot

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

    It sounds as though the unofficial nature of the set-up has actually been a saving grace. It would no doubt be a heck of a faff for him to sort out any sort of retrospective official tenancy. Especially if he's off shagging :thumbs:
     
    muscovyduck and Miss-Shelf like this.
  15. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Latest update.

    Had a telephone appointment with the council yesterday. They were really great to be honest. They are assigning us a case worker who will be in touch within 48 hrs. They said that basically their bottom line priority is to protect our tenancy for as long as physically and legally possible. Which is great.

    They are definitely not impressed with the landlord and agree with the solicitor that it is full AST, also Cornwall does operate the selective licensing which means he would need to obtain a licence to rent before he can legally serve us with a section 21... All this is going to take him months to figure out and then actually do, and even then we will have 2 months from the date it's served.

    The council said we have the 'right to remain' in the meantime, even after he gives us the section 21 they said to stay until either themselves or a court give us a proper leaving date.

    All good, gives us plenty of breathing space :)

    Turns out being a greedy bastard doesn't always pay off :D
     
    donkyboy, oryx, Sweet FA and 34 others like this.
  16. beesonthewhatnow

    beesonthewhatnow going deaf for a living

    Sounds about as good as it could be given the circumstances, hope it all works out...
     
  17. existentialist

    existentialist It could always be worse.

    A sweet bit of ownage. I expect he's going to be very pissed off, though, and will devote much effort to make it unpleasant for you. You may want to try to ensure that irreplaceable things and items of sentimental value to you, etc, are kept in a place of safekeeping for the duration - I wouldn't put anything past him now. And document stuff - photos or video.
     
  18. Magnus McGinty

    Magnus McGinty Wh♂️

    When he realises the depth of the hole that he’s dug for himself and with officialdom sniffing about he may very well conclude not to make it deeper.
     
    muscovyduck and cupid_stunt like this.
  19. existentialist

    existentialist It could always be worse.

    "Hope for the best; prepare for the worst"

    Push someone far enough, and it start getting difficult to predict how they'll respond. It'd be lovely to think that this takes him to a point where he goes "Fuck, they've got a point: I've been a complete cunt about this, and look where it's got me. Time for the kinder, gentler approach."

    And I am sure that happens.

    But we've all heard stories where people, faced with the consequences of their own actions, and realising that they have comprehensively screwed the pooch, stepped on their own dick, and shot themselves in the foot, don't respond rationally, and end up ratcheting up the ante in a futile effort to save face. When it gets to that point, all bets are off. So it doesn't hurt to plan for the unthinkable, and aim to make sure that, if the worst that could possibly happen does, at least some of the harm has been mitigated.
     
    kebabking and muscovyduck like this.
  20. StoneRoad

    StoneRoad heckling from the back!

    My take on the "Hope for the best; prepare for the worst" ...
    as has already been suggested, keep special items - legal stuff, irreplaceable or sentimental things in a safe place, preferably off-site.
    Also, keep a grab bag "ready to go" at all times and practice evacuation methods / routes.
    If there is a car available, this also needs "protecting" - bearing in mind that it is fairly easy to burn a car ... not sure if I should suggest parking further away from a fire point of view, or closer from a security point of view.
     
  21. SheilaNaGig

    SheilaNaGig Struggling and striving

    Invest in some kind of discreet camera, like the kind cyclists wear in their helmets.

    Entitled pricks like this rarely roll over and lay down, especially if they feel that the system ought to be protecting them and isn’t playing the game right.

    I’m so please, though, that you’re getting proper support and advice DaRealSpoon .
     
    muscovyduck and existentialist like this.
  22. DotCommunist

    DotCommunist my world is fire and blood

    that was my first dark thought, 'well fires happen all the time like...'
     
  23. Magnus McGinty

    Magnus McGinty Wh♂️

    People tend to be cunty whilst staying inside the law so something petty like erecting fences and walls in the most inconvenient of places and he’ll just argue that as it’s his land he can do as he pleases.
     
  24. mauvais

    mauvais change has become unavoidable

    Before we get too apocalyptic, the OP is the only one with a good idea of what this person will or won't do, and has already expressed an idea of what this is.

    Whilst some mitigation is wise - personally I would now be looking to move, just somewhat on my own terms - this has been a success for the OP and they can be pleased about it. Well done for putting the work in & I hope it all works out in your favour.
     
    Teaboy, aqua, muscovyduck and 4 others like this.
  25. editor

    editor Taffus Maximus

    I'd say it would definitely be worth investing in some cheap CCTV cameras - or even fake ones - just to let him know you're alert to any possible goings on.
     
  26. Magnus McGinty

    Magnus McGinty Wh♂️

    And a guard dog.
     
  27. DaRealSpoon

    DaRealSpoon Do not try and bend the spoon...

    Got one ;)

    Whilst there is always the chance of anyone snapping, knowing him as I do I just can't see anything else other than a complete pant-shitting from him.

    He will probably throw his toys out the pram at not getting his own way, but he is in no way brave, or stupid enough to fuck with my shit... Ie car, belongings etc.

    Im so glad that I've not lost my rag with him, these official routes of comeuppance are actually sooooo much sweeter :)
     
  28. cupid_stunt

    cupid_stunt & dyslexic cnut.

    Yeah, you are doing things right, DaRealSpoon, and well done for doing that.
     
  29. No advice further than a giant weed-killer-cock across the site as you depart.
     
  30. keithy

    keithy or queefy

    I think give a diplomatic easy option for him to climb down rather than escalate. If poss. So keep civil like you already have.
     

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