Marry me or you're evicted!!

[Cookie's Mum]

Help!

This can't be legal..... can it?

Will keep this as brief as possible! Was having an affair with a guy for a while. Firstly I went to work for him - big mistake - business and pleasure etc. He has three houses

1. Marital home with his wife
2. Flat that he stayed in near work (approx 150miles from 1.)
3. House left to him after his father passed away which he has rented out for about the last 20 years (approx 20 miles from 2.)

His former tenant was leaving 3 at the same time as I was looking for somewhere to move to with my husband. Assured shorthold tenancy agreement was signed, rent agreed and in we moved.

Some time after that I split with my husband, but the tenancy agreement was in my name so I continued to rent the place. The landlord then started to stay over occasionally to help with odd jobs, then it was to go to the local pub quiz as well and eventually it was every night of the week. When I first complained I was told that if I didn't like it I would be "looking for a new job and somewhere else to live", even though our affair had long-since fizzled out. Eventually though, he relented and went back to stopping 2 nights per week......then 3, then 4! This time when I complained he refused to move out and declared "I will never go back to that flat!" All without a cent towards housekeeping or a rent reduction of course! He even made arrangements to let his flat without my agreement for him to stop with me. The tenant in the flat is due to leave on October 31st.

Being a red-blooded female, having put up with this for over seven years, my life has moved on. I have had to keep relationships secret in the past or only see people at weekends (when he went home to his wife). I now have somebody in my life and have been open about this. He does not appear to wish me well for the future! I have resolved the job issue by buying enough shares to make me majority shareholder, however, the house....

I have come to love the place and only intended to leave feet first in a box (he had promised that I could always stay there). Now he has given me notice of termination of tenancy, I must be out by December 1st. His letter says he "may wish to retire there", but in actual fact he has verbally given me an ultimatum, I have 3 choices,

1. Marry him and he will sign the house over to me
2. Live at the house without ever having another man in my life and I can remain a tenant
3. Have another man in my life and get out

So is this harassment, blackmail or what? If this is legal the law stinks. Surely he can't get away with this??? Help!!! Please!!!!

If its an assured shorthold (which has now possibly become a periodic tenancy) then he can seek possession on other more legitimate grounds. Its very unlikely that anyone would cite these reasons as grounds for possession.

If he is a live in landlord then you may have less rights. The situation is made complicated by your relationship with him...and calls into question whether a legitimate tenancy still exists and if so, whether it is a commercial one....or whether you have acquired any other rights by virtue of your living together.

[blacksheep1979]

It may stand as blackmail. I would have a little chat with your local constabulary and see what they have to say. I would also think about trying to reclaim some of your rent throught the small claims court for him living there without your permission.

Do you have copies of letters you gave/sent him about him living there and or proof he was living there when you were?

Would also (won't be admissable in court) get a dictaphone and record him stating that he wants you to marry him etc. This will make sure the police take notice.

Is he still married to his wife at property one?

[Cookie's Mum]

Hi Blacksheep

Thanks for the reply. Unfortunately didn't put my request for him to "go forth and multiply" in writing. He never officially renewed my tenancy agreement either, it just sort of kept going and I kept paying the rent. He is still married to wife at property one. He has told her he wants me and offered her divorce.

He just rang me at home as I have refused to work opposite him this week. During a lengthy waffle he offered me a new 18 month contract, PROVIDING I throw my partner out. Fortunately I knew what was happening and hit the "record" button on the answer machine. Have agreed to meet him at pub tonight to discuss - anyone have a spare body kit?? Will have to try to make sure we can be heard by others. This may be a chance.

[Bookworm]

God, he sounds a catch

Its very unlikely that you will get anywhere with the blackmail issue...it sounds more of a proposition that anything else...

Also, there is no legal basis for any small claims action to recover rent for his occupation...such a claim, which would be misconceived and without merit is likely to land you with an order for his costs of having to defend the claim.

[Cookie's Mum]

Oh S J!

You are depressing me !

Can you give me any good news, like maybe the name of a good concrete salesman with his own boat????? (Unfortunately think the house would be sold then!)

[Tinkerbelle]

I'm sorry but I have to ask. Is this a windup?

[Cookie's Mum]

Oh Tinkerbelle!

I so wish it was! This is for real (joking about concrete aside of course!!)

I am going spare here!

[callumsgran]

I would agree to marry him. get the lease for 18 months or however long you want it then tell him to sling his hook! give his wife a call too, to tell her what he's up tp!

[Overdrawn]

Errrr....maybe you could marry him and then file for divorce and take him to the cleaners for half of EVERYTHING

[Boobaby]

Hi

Originally Posted by Overdrawn

Errrr....maybe you could marry him and then file for divorce and take him to the cleaners for half of EVERYTHING

There's a lot to be said for this suggestion - especially if you like the house that much but you would obviously lose your current partner!!

The only other thought is : I know you like the house but is there any mileage in you perhaps looking for something else to buy/rent with your partner, thus taking the blackmailing and personal element out of the business arrangement you have with the chap in question!!
Just a thought but - peace of mind is sometimes easier to live with than the nice house!!

[Cookie's Mum]

Thanks Boobaby,

It may have to come to that. Unfortunately I live way out in the sticks and my dog has absolutely no road sense. The chance of finding something affordable again so remote is unlikely so the result would probably be a flat dog in a very short space of time.

[blacksheep1979]

Originally Posted by S J

Its very unlikely that you will get anywhere with the blackmail issue...it sounds more of a proposition that anything else...

Also, there is no legal basis for any small claims action to recover rent for his occupation...such a claim, which would be misconceived and without merit is likely to land you with an order for his costs of having to defend the claim.

He was in breech of the tennancy agreement by forcable staying there whilst letting it to the OP. As to costs - well you can't claim them in the small claims court.

Was going to suggest to the OP that you could marry him and have him done for bigamy or the other suggestion of marry/divorce.

However if you do obtain enough physical evidence of him threatening to evict you unless you get rid of your relevant other/marry him etc. I would put it to him that you will be going to the police with the evidence and be pressing for blackmail charges and be seeking compensation through the courts at the same time for the incovenience and breech of the original contract.

The main problems with all of these is that once a contract is up he can refuse a new contract with no reason.

[Cookie's Mum]

Ok folks, latest update!

Further to meeting in pub with the git, he has now agreed to give me a new contract, 18 months initially, then six months at a time after that (providing of course, that my man moves out!) Overwhelmed by his generosity (probably in light of the fact that he knows I have penned a letter to companies house and Inland revenue, pointing out some of his lapses in accounting procedure) I lied through my teeth and accepted, knowing it would at least buy me 18 months.

However, having only had one written contract, the initial one for two years (which expired five and a half years ago and was never renewed in writing, just continued in the absence of notice on either side) I was surprised when he was careless enough to leave this on the table in his document case whilst powdering his nose. This accidentally fell into my handbag and I do believe that he no longer has a signed copy of our agreement at all. Does this strengthen my position? Do I weaken my position by signing the new one being offered?

In response to Blackseeps comments:

What tenancy agreement is there or could there be....he is the landlord. Contrary to poplular myth, costs are claimable in the small claims. If Cookies Mum proceeded to small claims on your advice then her claim is bound to fail and it would be a case in which costs can be awarded.

About the general myth of marriage and half...thats all it is...a myth based on common misconception...there is no such thing as an automatic entitlement to half through marriage.

There is no requirement for tenancy agreement to be in writing or for it to be signed...for it to be binding.

[Cookie's Mum]

Would the agreement (or lack of one) then be his word against mine? In other words I could say he had agreed to let me rent the house till he popped his clogs or till his 70th birthday, whatever?

It would be but there is other evidence...at a basic level the evidence is your living there and paying rent. No court will accept your word alone about such an agreement which allowed you a tenancy for life...the courts are aware of this type of try on...if it was that easy...more tenants would try it...

Tenancies for life/ life interests are a different story altogether and may be required to be evidenced in writing....