Contract dispute....He tore it up!
Discussion
I'll try and make this as short and as simple as I can.
I had a lodger rent a room off me for nearly 2 years and due to a house move I gave him his notice period, all fine so far.
The contract was for room only with bills included. Quite soon after he moved in I realised he was't the cleanest person and so I suggested getting a cleaner in and spitting the cost. He said that was fine as he didn't like cleaning too much anyway. Cleaner found and monies agreed. (no contract drawn up). All fine so far.
During our conversation about leaving he mentioned could he just not pay his last months rent instead of paying it and then me re-imbursing immediately after, I stupidly agreed as he had been good tenant the whole time and we got on pretty well. During my notice period, I checked my statements to ensure rent was fully up to date and discovered that he at some point had stopped paying for the cleaner as this was a separate standing order.
I know I'm going to get a grilling for not checking every month but to be honest I used to check for his rent and kind of forgot about the cleaning payment as it was only £17 per month. Soo, I approach him about it and he gets very angry and defensive, trying to make out that he shouldn't have to pay. After a heated discussion he agreed he was in the wrong and we hand wrote a contract stating he owed £306 and to be paid before a set date.
He then leaves the flat and comes back 2 days after to collect his final belongings at which point he tries to 're-negotiate' the payment he owes. After telling him this was unacceptable he got pretty annoyed. Again, stupidly, I had left my contract on the side board not thinking anything of it.
You probably know where this is going... As he's walking out he see's the contract and says 'what can you do with no contract' and tears it in half in front of me!
I managed to run over and grab half of it but he ran away with his signature half of the contract. I am literally furious and do not know where I stand? How can I get money off him without a signed contract? Can I take him to small claims court? Would I win? Would it cost me more than I'd get back? Should I leave it down to a life lesson?
I know i have made a mistake by not checking and not bringing it up before but that does not excuse his actions. Any advice helps.
I had a lodger rent a room off me for nearly 2 years and due to a house move I gave him his notice period, all fine so far.
The contract was for room only with bills included. Quite soon after he moved in I realised he was't the cleanest person and so I suggested getting a cleaner in and spitting the cost. He said that was fine as he didn't like cleaning too much anyway. Cleaner found and monies agreed. (no contract drawn up). All fine so far.
During our conversation about leaving he mentioned could he just not pay his last months rent instead of paying it and then me re-imbursing immediately after, I stupidly agreed as he had been good tenant the whole time and we got on pretty well. During my notice period, I checked my statements to ensure rent was fully up to date and discovered that he at some point had stopped paying for the cleaner as this was a separate standing order.
I know I'm going to get a grilling for not checking every month but to be honest I used to check for his rent and kind of forgot about the cleaning payment as it was only £17 per month. Soo, I approach him about it and he gets very angry and defensive, trying to make out that he shouldn't have to pay. After a heated discussion he agreed he was in the wrong and we hand wrote a contract stating he owed £306 and to be paid before a set date.
He then leaves the flat and comes back 2 days after to collect his final belongings at which point he tries to 're-negotiate' the payment he owes. After telling him this was unacceptable he got pretty annoyed. Again, stupidly, I had left my contract on the side board not thinking anything of it.
You probably know where this is going... As he's walking out he see's the contract and says 'what can you do with no contract' and tears it in half in front of me!
I managed to run over and grab half of it but he ran away with his signature half of the contract. I am literally furious and do not know where I stand? How can I get money off him without a signed contract? Can I take him to small claims court? Would I win? Would it cost me more than I'd get back? Should I leave it down to a life lesson?
I know i have made a mistake by not checking and not bringing it up before but that does not excuse his actions. Any advice helps.
You made a number of mistakes here and weren't on top of your game - its cost you. Move on.
You probably could chase him for the money, but the chances of getting it are slim and the time and involvement you will need to devote to it won't be worth it..... treat it as a cheap life lesson that hasn't cost you too much.
Oh and change your locks
You probably could chase him for the money, but the chances of getting it are slim and the time and involvement you will need to devote to it won't be worth it..... treat it as a cheap life lesson that hasn't cost you too much.
Oh and change your locks
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