A family who needed their house back from their tenant after returning to the UK have been left homeless and sofa-surfing after the renters refused to leave. Parents Carna and Ganes Brooks have been forced to sleep on friends' sofas with their two young children for more than a month as they fight to get their family home back after moving back to Kent from Dubai.
But it seems like the couple still have a long road to getting their own home back, as they have no option but to try and pursue an eviction through the courts, which could take months. The couple informed the tenants at their Dartford home in February that they would need to leave by May as they were returning home, KentLive reports.
They then delayed their arrival back to the UK until July after Carna, 39, was diagnosed with cancer and needed treatment. But since the couple and their one-year-old and nine-year-old returned home on July 19, as private landlords, they have been powerless to evict the tenants who have refused to move out.
On one of the hottest days of the year in the UK so far, the young family were forced to stand helplessly on the pavement outside their home in the blistering heat with all their belongings while the tenant inside stayed put. They called the police but officers could not offer anything more than advice because they would technically be trespassing if they tried to go inside their own home.
Instead, a kind family friend offered to put them up temporarily to get the family out of the scorching sun, but the family have been living out of suitcases and plastic bags ever since, with Ganes, 42, even forced to sleep sitting up because of a lack of bed space.
The couple said a Section 8 notice notifying the family they wanted their home back by June 28 - which has been seen by KentLive - 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.
Explaining what happened as they tried to return home on July 19, Carna 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 us in at that moment to get us out of the sun and offered us a place to stay for a few nights.
"For the next few days, we exhausted all helplines, recommendations, negotiations with tenants and investigations into different routes to get our home back sooner rather than later. Unfortunately the outcome is to simply wait for a court date and eviction".
Up 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.
"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."
"We had a signed tenancy contract in place," said Carna, who said a friend had started a GoFundMe page for the family to "get a roof over our head". Carna said as they owned a home, they did not qualify for council housing. Thankfully, now the family was invited by friends to house sit for a few weeks while they were away.
"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," said Carna.
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 Christian 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.
"We are thankful for all the people offering us a roof over our heads, even though sometimes all of us are squashing in like sardines on the sofa, thankful for food to eat and our suitcases full of clothes. My husband is working night shifts to ease our sleeping arrangements.
"We are also thankful for his employer and colleagues who are flexible and supportive during this time. However, our biggest prayer is just to live in our own home and for the tenants to find alternative accommodation as soon as possible."
Carna warned others who were 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 told KentLive: "This is hilarious. We have been paying rent for three years. 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 please. Why would we be looking for somewhere else? I don't need to explain myself to your or anyone."
The woman said not to contact her again.
