A desperate couple who moved back from Dubai have been left "homeless" after returning to their front door with their suitcases only to find their tenant was yet to move out.
Carna and Ganes Brooks, who have a one-year-old and a nine-year-old, have been sofa surfing for more than four weeks with no power to get back into their own home. The Brooks told their tenants in February they were moving back home to Dartford in May and they needed to leave, but their return was delayed to July because of Carna's cancer diagnosis and treatment.
But they have been forced to sleep on friends' sofas for the past month, seemingly powerless to act. The family is unlikely to get under their own roof again until November, as they pursue the eviction route through the courts.
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The couple said a Section 8 notice notifying the family they wanted their home back by June 28 - which has been seen by Kent Live - was ignored and the tenants had fallen behind with their rent. The latest date for the tenants to leave was agreed for July 13. They said they had even agreed to waive rent to help them get a deposit together.
But on July 19, the hottest day so far this year, the Brooks family stood in the scorching heat outside their home, unable to get in, with the tenant still inside. Carna, 39, said: "We called the police for sensible advice on the matter as we stood hopeless looking at each other.
"My one-year-old was screaming in the heat, everyone was worried and during all the negotiations, my nine-year-old daughter got hit by a car in front of our home. Thankfully she didn’t have major injuries, but it is a day we never wish upon anyone.
"The police were friendly and compassionate but couldn’t offer much help as, by law, we were trespassing if we attempted to enter our property."
Thankfully, a friend in the area offered to take the family in for a few nights. Until two weeks ago, the family were all sleeping on one sofa, with Ganes, 42, having to sleep sitting up.
They are still living out of the suitcases and bags they arrived with from Dubai. They had moved there in 2019 for an adventure and a few years of working and had offered their fully-furnished home to a woman they knew.
Carna said: "We left them with a fully functioning home, even with new linen, towels, new fluffy slippers next to the beds, new cosy pyjamas, food cupboards stocked up and a grocery delivery for their first week. We felt it was the right thing to do to let them rent our home significantly below market value to help them financially and to take care of our belongings.
Carna, who said a friend has started a GoFundMe page for the family to "get a roof over their heads", also said they had a signed tenancy contract in place.
She continued: "We are not receiving rent from the tenants as agreed, therefore are unable to rent another property for ourselves as we are covering a mortgage of a home someone else is living in. Part of August was meant for us to settle into our home, get routines in place, baby proofing our home for our Dubai miracle baby, finding school placements, getting school uniform and packed lunch boxes. Instead we are living out suitcases and trying to reassure our kids that everything will be okay."
The Brooks can not get a court hearing for an eviction notice until October, and a tenant must be given a month's notice to leave. Even Carna's oncologist has written to the tenant, explaining how vital a "stress free environment" is for her recovery.
Carna told KentLive she wants to look for another teaching job and also get her daughter into school, but can do neither without a permanent address. Despite their hardship, the couple was full of gratitude for the NHS and Darent Valley Hospital's Empress Breast Unit, as it seamlessly took over her cancer care from teams in Dubai "despite us not having an address".
It has taken more scans and biopsies and Carna is waiting to hear the outcome. Carna is now warning others who are renting to a third party to go through a lettings agent.
The couple had learned in their "nightmare" as landlords, they had little power to evict their tenant. But she said they did not want to "name and shame" their tenants, they just did not know what else to do apart from publicise their predicament.
The tenant said: "This is hilarious. We have been paying their mortgage for three years. Yes, it is their home. It is also our home for the last three years. We are paying them. I don't need to give you my side of the story. This is none of your business.
"Why would we be looking for somewhere else? I don't need to explain myself to you or anyone."
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