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Landlord Eviction Now Wants Money

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  • Landlord Eviction Now Wants Money

    Hello,

    This will be the first of what is bound to be a few posts of me seeking advice regarding the situation I find myself in. This will be a long post so apologies in advance for this but I feel like I need to get as much in as possible.

    In May 2012 a friend of mine and I decided to move into a house together. A “friend” of ours had suggested we take his place as it was becoming available and he stated that he did not mind us having dogs in the house. We talked it through and made some verbal agreements then progressed. In return for a lowered rent (£100) under market the landlord wanted to still use the address as his personal home address despite the fact that he lives elsewhere and would continue to do so. Given that we were all mates we didn’t see any issues with this and when we moved in we signed an agreement that essentially stated he (landlord) lived at the premises and we were only renting a room each in a shared accommodation. Again given the nature of the friendship (moreso between my then housemate and the landlord) we weren’t put off nor did we question this.

    Annoyance with the landlord began quite quickly as he kept “popping in”. At first we brushed it aside but when it got to the point that we had been in the house for three weeks and he had invited himself over every night it got to be a bit much. This then slowed and then became more in keeping with what one would expect from a landlord when you are renting a house. The only times he came over is when we had a problem with something in the house or when he was picking up his post or had otherwise been invited over. This continued fine until the end of 2013.
    Nearing the end of 2013 I became aware of a personal dispute that my landlord had previously had with a close friend of mine I often invited over to the house. I wasn’t aware of the severity of this dispute until it was brought to my attention that the landlord had been discussing the possibility of evicting my house mate and I over this.

    It was around this time that we started having troubles. The landlord would visit without notice and start complaining about problems with the house. One time he even showed up to do an inspection of the entire house while my house mate and I were both at work without giving us any notice. We complained about this to which he responded that he had the right to do so under the house share licence. When we complained further he then said he wouldn’t visit unannounced anymore and would give us 24 hours warning prior to heading over.

    This brings us into 2014 and we have at this point already decided that we were going to leave the property as it was becoming a bit much to deal with. Neither of us had the money though but we started speaking to people and had each made plans to leave by June 2014. Heading towards the end of January 2014 though the landlord sent my house mate and I an email with a long list of problems he had with the house. He gave us a week to sort them else we would be evicted.

    Now there were some issues with the house. The carpets in the upstairs at the property (which were worn down when we got the house) were further worn from the dogs walking on them. There was some dirt and grime around the house from the dogs (mostly due to the filthy wet nature of this past winter). The house needed a coat of paint and new carpeting. So my house mate and I set about doing the work to sort the house out. I took that week off work and threw a coat of paint on the walls and my house mate went about sorting the other bits out. A week later the landlord visited for an inspection and stated he was happy to see that work had been done but he was not entirely happy yet. There was nothing that would make him happy. At this point my former house mate and I are confident that he was starting to look for excuses to kick us out.

    Now fast forward to the end of February 2014. I was involved in a bad bike accident after a vehicle pulled out of me at a junction then left the scene. I broke my right elbow and shoulder, had to have surgery and spent a few days in hospital. This put me out of commission in a big way. It was around this time that the landlord decided there were more things that needed sorting around the house. I responded that I was unable to complete these works due to the injuries I sustained to which I was told “you still have your other hand”.

    My injuries were such that I could not dress myself, I could not wash myself properly and needed help doing pretty much everything. The hospital only released me because my house mate told them he would look after me. As a result of the care I needed I was having friends visit the house more often. About 4 weeks following my accident the person my landlord has issues with was at the house. The landlord called in unannounced to see him there and instantly got rather angry with me. He started asking about trivial problems with the house and at the end of the conversation told me it was time I left. An email followed shortly there after giving my house mate and I two weeks time to pack up and leave the house.

    At the time we considered fighting it but we knew if we stayed there he would make our lives hell. So we left. I went to a mates house where I still am now and my former house mate went back home to his parents.

    There is the back story. I left the house on the 26th of April. My former house mate left on the 27th of April. I had not heard anything from the landlord until today when I received an email. In the email he states that the damages to the house were above and beyond the amount given as a desposit and that he will be seeking to get money back from us. So what is the likelyhood that he could indeed pursue us and get money from us? The house wasn’t perfect when we left given how little notice we had but I can not possibly think of how anything wrong with the place could extend past the deposit we initially paid.

    Further if he were to pursue this matter do I have any recourse to counterclaim? The eviction forced me to give up my job as the only place I could move to with my dogs was over 100 miles away. It also forced me to leave my physiotherapy which wound up taking 5 weeks to get back into after the move. This has put off my recovery to a point where I am currently still not 100% able to work at levels previous to what existed before my accident. The amount of money this has cost me due to loss of work is in the thousands.

    I am dealing with other issues stemming from this accident such as creditors chasing me and I just don’t need this. I was hoping it would just go away as a result of just getting out of the house but it does seem as if he is going to pursue it. So where do I stand?

    If you’ve read all that thanks! Any advice is greatly appreciated.
    Last edited by arandomname; 5th June 2014, 14:23:PM. Reason: Adding spacing to make things clearer
    Tags: None

  • #2
    Re: Landlord Eviction Now Wants Money

    If he was down as sharing the house with your friend and yourself then a third of any damage would be his responsibility as well

    Regardless, do you have a copy of your tenancy agreement at all ?

    I'm assuming from what you said theres no inventory or description of condition agreements.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Re: Landlord Eviction Now Wants Money

      Thanks for the very quick reply. I do still have a copy of the house share licence and there was an inventory list however neither me nor my house mate signed it as we were in dispute with some of the things on there after moving in. He never edited it and resubmitted it to us.

      Comment


      • #4
        Re: Landlord Eviction Now Wants Money

        Cool, would you be able to scan it in

        Approx how much deposit did you pay and is it in a deposit protection scheme?

        Have you checked your credit files ( just in case).
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          Re: Landlord Eviction Now Wants Money

          I have added the two pages of the licence. Unfortunately it insisted on saving horizontally when I resaved them as pdf's. Apologies for that. I should note as well that when the landlord lists himself he does list his name then of the address of the house we rented.

          The deposit was minimal... £250 each. We used no protection scheme. To be honest I am not bothered about not getting it back. He would have needed to replace the carpets plus dump the stuff I left behind which I was unable to remove from the house due to the short eviction notice.

          I just don't want to be chased by him for anything else. Want this particular part of my life done and over with.
          Attached Files

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          • #6
            Re: Landlord Eviction Now Wants Money

            He's sent you a list of the damage and cost of ?
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

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            • #7
              Re: Landlord Eviction Now Wants Money

              No just an email stating that once work has been completed on the house and he has the final bill he will then be seeking payment.

              Comment


              • #8
                Re: Landlord Eviction Now Wants Money

                I have had further developments on this issue so am bumping this in the hope that someone is able to help. I was hoping to wait until Monday when I could ring around seeking legal advice but unfortunately the former Landlord is now chasing around friends, sending me and my former house mate messages and doing what he can to get some attention. I was given a list of damages and a figure he is demanding this last Friday at around 5pm. I dispute a lot of the damages and a lot of the claims. Is there someone I can discuss the finer points of this problem with? Any and all help is appreciated.

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                • #9
                  Re: Landlord Eviction Now Wants Money

                  If there was no signed detailed inventory then he can go and whistle for the money, though you would lose your £500. Add up the cost of the improvements and be prepared to use those in the fight. Anything else would be fair wear and tear.

                  Comment


                  • #10
                    Re: Landlord Eviction Now Wants Money

                    I am not worried at all about the deposit. My share of it was only £250 and even if the costs to rectify any damage I may have done does not add up to that I just want this situation done with as it has all been very stressful. I've recovered from my motorcycle crash, have found work and just want to get on with my life.

                    As such I really want to throw enough at him to just make him go away. So with that in mind I do have more questions...

                    Is the fact that he had it down on paper that we rented rooms to us (house mate and I) only to avoid paying for licencing for a house in multiple occupancy an issue for him? He didn't live at the house, never spent a night there and we paid very close to market rent for the property. We agreed to the terms as mates to help one another out.

                    Further is it an issue for him that in being there for two years there were never any safety checks carried out? Nothing on the boiler, smoke alarms or anything else in the house.

                    Further again is it an issue for him that we made complaints about problems in the house that were never addressed? For example we sent him a video showing water leaking in through one of the windows about 3 months after he moved in and he never did anything about it. This one is especially poignant because part of the damages he is claiming we made to the house are water damaged floor/beading. There are other issues we made him aware of that he never sorted.

                    Now I think the largest issue that I personally have seems to be that it sounds more and more likely that my former housemate made a massive mess of the place before he left. He left after I did as I required a lot of help moving due to injuries and could only get people to give a hand on a certain date. A lot of the damages the landlord is currently claiming for are ones that seem to stem from things my former housemate might have done in the period after I left. Unfortunately I did not take pictures of the place before leaving which is something I really, really regret but with the stress of the situation it just didn't come to mind. I will dispute all of these damages but is there a chance he could be successful in claiming those against me?

                    Thanks again for any help/advice

                    Comment


                    • #11
                      Re: Landlord Eviction Now Wants Money

                      And I should add he would have had to get the licensing for a house in multiple occupancy because there were 3 of us who initially moved into the property. It was a 3 bedroom house and none of us were related so we were each classed as our own household. Again to get around paying the licencing fees he asked us if we wouldn't mind agreeing on paper that we were just renting a room with him living there. The third person had to leave fairly soon after we moved in due to other issues and given that my house mate and I could still make the rent and bills we just decided to stay on as it was.

                      Comment


                      • #12
                        Re: Landlord Eviction Now Wants Money

                        can you prove he wasn't living there with you??

                        You could use this against him if he carries on pushing :tinysmile_twink_t2: - him lying to get out of paying the license fees for a HMO might actually mean that your tenancy was invalid from the beginning!
                        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                        It doesn't matter where your journey begins, so long as you begin it...

                        recte agens confido

                        ~~~~~

                        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                        But please include a link to your thread so I know who you are.

                        Specialist advice can be sought via our sister site JustBeagle

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                        • #13
                          Re: Landlord Eviction Now Wants Money

                          I am not sure how to prove he didn't live there. He does live at his business address. He has a static caravan there that he resides in. Keeps his two dogs there, has his bedroom there, etc. He did use my former address to have a couple bits of post delivered there but his sister (who lived there before my house mate and I) also did the same though in her case I suspect that was more a result of her forgetting to change address on a couple things. He never spent a night there and my house mate and I both had people over regularly that never saw him. He never contributed towards household bills and again my house mate and I paid market rent for the place. There is a remote possibility that the third person has chat logs dating back to when we were discussing renting the place and he put this suggestion forward to avoid paying for the licence but that is a very remote possibility.

                          I have no desire to pursue him for anything or have anything bad happen with him as a result of all this but I do want him off my back. As said I have had rather a shit time of things this year and I just want to move on. The damage he claims I caused as well is laughable as he had visited the house a couple of days before my motorcycle accident and was fine with it. After my accident I was in hospital until being released into a friends care. I stayed with that friend for pretty much the majority of the time between the accident and being evicted returning to the area pretty much only for hospital visits and then to pack. I simply wasn't there to cause the damage he is complaining about.

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                          • #14
                            Re: Landlord Eviction Now Wants Money

                            It was just a suggestion maybe he will back down if you hint about challenging him??
                            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                            It doesn't matter where your journey begins, so long as you begin it...

                            recte agens confido

                            ~~~~~

                            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

                            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
                            But please include a link to your thread so I know who you are.

                            Specialist advice can be sought via our sister site JustBeagle

                            Comment


                            • #15
                              Re: Landlord Eviction Now Wants Money

                              Its a good suggestion and something I will use if need be... just how do I conclusively prove it?

                              Sadly he isn't the sort of person to back down. He once tried to get off a parking fine despite knowing full well he was in the wrong but because he believed the council didn't have a case he kept pushing it and pushing it until it got to the end and he had to pay several thousand pounds in fines and court fees. He only sent the email demanding money on Friday and as of last night (just over 24 hours) he was phoning people I know trying to get information about be because I hadn't yet responded to him. He is a fairly dodgy person as well and I have known him to make up and fabricate things in the past to try to get his way.

                              Comment

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