breach ofcontract

[seduraed]

Hi folks can I have a little help here please .

As many of you know I run a house in multiple occupation with six lodgers.

One of my lodgers has been taken ill and not been using his room .

While he was away some boxes were put into his room overnight as they had been delivered. The next day his parents turned up and saw the boxes and the beddding on the floor and acccused me of sub letting the room . When asked the cause of the bedding i foolishly said i was plannning to wash the tehants bedding ,. His father is now claiming that I sub let the room and wanting money . He has written the same letter three times . Should i offer moner or is this paying the dane ?

[Nikolai]

Re: breach ofcontract

Your agreement is with your lodger, not his father who has no legal standing in the matter whatsoever. Just ignore it. If you can't do that, write and deny you're sub-letting but point out that he has no claim against you anyway as he is not a party to the agreement (please tell me there's a written agreement). Such an agreement should prevent sub-letting - they usually have a standard clause on this point - so that's something else you can throw into the mix should the need arise. Don't worry, he's trying it on. I'm confused about the bedding - where does that fit in?

[teaboy2]

Re: breach ofcontract

Who did the boxes belong too? if they were not the lodgers, then did you have permission to store property in the lodgers room whilst he/she was not there?

As Nikolai stated, the father is not a party to the agreement nor has any letter been received from the lodger appointing him as the lodgers legal representative. I would write to the farther advising him that as he is not a party to the agreement between you and Mr/Mrs/Miss xx then he has no legal right to be making any demand or opening any contractual dispute with you on a contract he is not a legal party too. Make it clear to him, that if he wishes to take the matter to court that, you will apply for strike out of his claim on the grounds that he is not a party to the contract and has no rights under the contract to issue such claim, and is therefore a vextious claiment. Also make it clear, that should he not cease and desist for sending you further letters making demands and/or threats about this matter, that you will deem his actions as harassment in breach of the protection from harassment act 1997 which is a criminal offence. Also remind him that the onus is on him to prove his allegations, and as you have not been subletting, then there is no evidence to support his claim, and therefore all he has is his own misinterpretation and false assumption to go on - neither of wish would satisfy a court, especailly when you have 2 other lodgers as witnesses to the fact that you have not been subletting. Also make it clear to him that if you find out he has been telling third parties including his son daughter that is your lodger that you have been subletting the room when you have not been, then you will have gorunds to sue him for libel/slander and for damages for any loss of income from lodgings, as well as for the embarassment caused by his irresponsible and libellous/slanderous actions should he have told any 3 party that you had been subletting.

Now i doubt he will write to you again when he reads that letter. As he will realise he has no real grounds or legal right to be entering a contractual dispute with you let alone any rights to be demanding any money of you! Plus as the suggested letter contant i put above firmly turns the tables on him, he will no doubt realise he has shot himselve in the foot, and if he has told his son/daughter you had been subletting that he could well end up in court himself with a very hefty bill to pay!!

[seduraed]

Re: breach ofcontract

Perhaps my post lastnight was not clear. He claims to havea written athority to act for his son . I'm inclined to believe him .
As regards the bedding the bedding had been pulled down on the floor. I had no idea what had happened . So I simply said tha I has asked my son tostip thebd. hethen askedmy son ,who said that he knew nothing about it . THe father is using this as proof that I sub-letthe room.
As to the boxes they had been delivered the previous night about midnight and were stored in there overnight prior to my putting them in the loft . He salso took with him a exra item of bedding and wants to charge me for laundering it. I did wonder to pay a nominal sum .

As to the letters I have been sent three copies of each including one by signed for delivery and the clain is fir his time and costs in sending the letters .

[labman]

Re: breach ofcontract

It's very difficult to know how to answer this without knowing what the Terms and Conditions of your lodging agreement is. What does it say about your right to go into the room? Their right to enjoy privacy etc...

Is your lodger a 'sensible' person who would understand the situation. Obviously the father isn't, but can you not contact the lodger?

You say you're inclined to believe he has authority from his son - ask him to show you this authority.

Once the terms of allowing him to lodge there are clear, and it is proven whether or not the father does have authority, it will be much easier to suggest a way forward for you.