Mark Barrett
Registered User
- Messages
- 20
Would an illegal eviction be advisable?
Unbelievebly, I came home tonight and saw the light on on one of the spare rooms. Knocked on front door and he has a friend staying in the room. Completely nuts!! It may be just for the night, so no point in panicking yet. And we Landlords have no legal protection in this scenario. Being honest, I find myself considering Illegal Eviction. By the time this is all sorted out - I will be out of pocket to a worse extent than whatever damages the PRTB might award against me. Some really interesting ideas here and very much appreciated. There is no lease agreement so I guess the default PRTB standards apply. It seems there are 2 areas where I may have some leverage. The bills and the empty rooms.
He has no rights to the empty rooms.Put a padlock on them.
You sound unbelievably soft.Time to grow a pair.
Does he actually have a written lease? Is the tenancy registered with the PRTB? If he was actually a licensee renting rooms in your dwelling you could evict him at any time and he would have no recourse to the PRTB.
You should move back into the main part of the house now to assert your rights as a resident homeowner.
Indeed, but in the absence of a written lease it may be unclear what the intended nature of the arrangement was. If the tenant has nothing in writing, and the owner moves back into the main part of property, it could be hard for the tenant to prove that they are not a licensee. Not that I'd recommend that with a violent tenant.You don't have to have a written lease to be a landlord/tenant.
Rent a room scheme determines qualification for tax relief, it does not determine whether someone is a licensee. If you lived in a large four bedroom house, you could easily rent out three of the rooms to licensees and exceed the rent a room scheme limit. That said I see this particular tenancy is registered with the PRTB as such.It's debatable about the rent a room scheme, and then he'd have to be also below 12K rent. I know that you can be in a house with a flat attached and that complies, but it was my understanding that a stand alone building on the property falls foul of the rules.
Rent a room scheme determines qualification for tax relief, it does not determine whether someone is a licensee. If you lived in a large four bedroom house, you could easily rent out three of the rooms to licensees and exceed the rent a room scheme limit. That said I see this particular tenancy is registered with the PRTB as such.
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