By Emma McClelland and Magda Saniuk - 08 August 2022
Szymon*, a Polish man in his early fifties, is living out of a garden shed in West London. A series of events, mostly outside of his control, have led him here. This is a case study about how cash-in-hand living arrangements, agreed without contracts, put vulnerable people at the mercy of rogue landlords.
It all started when Szymon's health took a worrying turn. He had begun to experience chest pains and breathing problems. His employer, a bakery, had made several thinly veiled threats about terminating his employment if he went on sick leave but eventually backed down.
With our help, Szymon applied for Universal Credit. As an EU national with pre-settled status under the EU Settlement Scheme, it's not always a straightforward process, but Syzmon passes the 'habitual residence test' - an additional requirement for those with pre-settled status - so he is eligible for this support.
The landlord-tenant relationship sours
During his conversations with service provision assistant Magda, Szymon revealed that something strange was going on at his place of residence. His 'landlady', who had rented the property and sublet rooms within it, was becoming increasingly unpleasant. He had lived there for a year without a contract, paying on a cash-in-hand basis, with the landlady requesting he leave the money for her in specific locations! She had recently become paranoid, telling him off when she saw him talking to the neighbours.
One day, Szymon told Magda that his landlady had instructed him to move out immediately, as she had found a different tenant. He refused, correctly arguing that he was legally renting there and that he was, at least, entitled to notice. Magda advised him to stay in his room and avoid any altercations. However, the next day she switched on her phone to find messages from Szymon - photographs of his belongings unceremoniously dumped outside the property! The locks had been changed to keep him out. The landlady had waited for him to leave before enacting her illegal eviction.
Forced from his home
Madga called the police, concerned for Szymon's welfare and recognising that what had happened was illegal. Despite this, they claimed there was little they could do. Had he been in his room during the eviction and was physically forced out, they could have acted. Now, they concluded, it was a civil matter. Only if the landlady was proven to have done something illegal could they take further action! Thankfully, when Szymon dragged his belongings to the garden shed and the landlady herself called the police, they maintained the same stance and allowed him to continue squatting there.
When Madga rang the local council for help, there were mixed messages. One adviser was pessimistic, while another - in the housing solutions team - was keen to help. They are investigating the landlady, who is likely subletting illegally. In the meantime, Szymon has moved into a friend's home; an improvement from the shed but still not ideal.
"It's been a case of 'when it rains, it pours' for Szymon," says Magda, who has found the experience frustrating. "It's hard to comprehend that he wasn't given a hostel! Why has nothing been done when she's breaking the law and he's on the street? According to Shelter, tenants still have rights under verbal agreements even if there's no contract. If the landlord accepts rent from you for living in a property, you have rights!"
Hope on the horizon
In August, Szymon will receive the outcome of his Universal Credit application, which we anticipate to be positive. With continued support from ourselves and advisers from partner organisations, Szymon has the resilience to rebuild and to come back from these setbacks. It is less clear whether the landlady who rendered him homeless will face adequate repercussions.
In an ideal world, this practice would be stopped. In reality, people like Szymon are regularly mistreated by rogue landlords and rely on the support of friends, social services and charitable organisations to get them back on their feet.
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*Names changed for anonymity
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