Lanlord problems

Soldato
Joined
13 Mar 2006
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6,449
One of my housemates moved out without paying his last months rent and leaving the landlord his deposit of a months rent. He didn't tell the landlord he was leaving. He was out of contract (initial 6 month contract to stay). The house is in the same state as when we moved in, no damage etc.

Our landlord came around unannounced today ranting at everyone, as he normally does, being abusive, and saying he'd follow up my ex-housemate with a debt-retrieval firm (Experion I think). He also said he'd take a big pile of my ex-housemates records.

Where does my ex-housemate stand legally?
 
Man of Honour
Man of Honour
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3 May 2004
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Kapitalist Republik of Surrey
Landlord can't really do much because although breaking the contract, your ex-housemate doesn't actually owe him anything if the place isn't damaged etc. The landlord sounds like a bit of a **** to be honest, watch out when you move out...
 
Associate
Joined
20 Jun 2007
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1,395
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Nottingham
No, individual agreements (different prices for different rooms, electricity, heating and water bills included).

it could still be a joint tenancy agreement, some land landlord rent adjust for small rooms etc, for example can they more anybody in?? Do you require mutable TV licence's??

EDIT: do you all have a separate contract, or do you all sign on the same page??
 
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Soldato
Joined
16 Mar 2004
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13,069
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UK
Frankly I don't think the landlord would be allowed to take anything of his at this point even if your friend owed him money. It takes quite a lot of time to be able to just go and take someone's stuff for debt collection.

Although if he has left and his contract finished then he may (depending on tennancy agreement) take the stuff into storage in order to be able to use the room.
 
Soldato
Joined
17 Feb 2006
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8,608
Location
Winchester
One of my housemates moved out without paying his last months rent and leaving the landlord his deposit of a months rent. He didn't tell the landlord he was leaving. He was out of contract (initial 6 month contract to stay). The house is in the same state as when we moved in, no damage etc.

Our landlord came around unannounced today ranting at everyone, as he normally does, being abusive, and saying he'd follow up my ex-housemate with a debt-retrieval firm (Experion I think). He also said he'd take a big pile of my ex-housemates records.

Where does my ex-housemate stand legally?

Leaving without paying last month's rent in bad, regardless of whether they have a deposit or not but too late for that now.
I am fairly sure a landlord has to let you know of his visit 24hrs before. SOmeone correct me if I am wrong.
Any reason he thinks the housemate owes him money if there are no damages or other charges. (If he says there are, he HAS to provide you with receipts of cleaning/repair work done).
Again, he cannot get debt collected unless the matter has been to court etc, which is a long process. Sounds like scare tactics to me. Hence he cannot also affect hsi credit rating.
 
Soldato
Joined
13 Mar 2006
Posts
6,449
Frankly I don't think the landlord would be allowed to take anything of his at this point even if your friend owed him money. It takes quite a lot of time to be able to just go and take someone's stuff for debt collection.

Although if he has left and his contract finished then he may (depending on tennancy agreement) take the stuff into storage in order to be able to use the room.

The records are in the conservatory; his room is empty. Our landlord didn't take them this morning. He's 'given' them as a gift to another housemate anyway so shouldn't be a problem.
 
Soldato
Joined
12 Apr 2007
Posts
10,320
Hes right, if the landlord took them, it would be theft, regardless of any rent/deposit issues.

Also as previous posters have mentioned, he broke his contract by witholding rent, but if the landlord tried to sue, he would counter that the landlord holds the deposit and hes happy to pay just as soon as he gets his deposit back so the landlord will just have to get over it.
It's a tactic ive had to use in the past when dealing with an unscrupulous landlord.

Your ex-house mate has nothing to worry about.
 
Caporegime
Joined
8 Mar 2007
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37,146
Location
Surrey
Your deposit doesnt count as rent. The landlord is entitled to claim back the rent he is owed, which the contract will have been signed for agreeing to the terms of leaving, regardless of the 6 months, it wills till say you cannot leave without paying all the rent somewhere, so your housemate has broken contract.

The landlord does not need to give you any notice. Its their building.

The landlord does not ave to return any depost untill all rent is paid. Again, this will be in the contract.

Since the guy has moved out the room no longer belongs to him, which includes any items within it.

Basically, your housemate has broken the contract, the landlord is well within his rights to claim the money. Tell him to stop being a **** and pay up.

EDIT: oh, and with the new tennancy ruling the deposit is sperately held, in its own account I think, the landlord is legally not allowed to just take it. It must be returned with the appropriate paperwork or kept following breach of contract, which is what has occured.
 
Associate
Joined
3 May 2007
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1,982
You should be given minimum 24 hrs notice before he comes round. If its not given then you can even refuse to let him in as although its his building it is your residence. Done it before to my landlord/letting agent.

Your flatmate has broken his contract by not paying his last months rent and the landlord can presue him through the courts and it will affect his credit rating. I would check to see if its a joint liability tennency as if it is then his debt is your debt and your credit rating could also be affected.

He is not entitled to take any of your mates belongings as he is not a registered debt collection agency and has not persued this through the courts.

Check out where you stand with regards to what you signed it will all be detailed in the tennency agreement. You should have a copy and so should the landlord.
 
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