Threatened by an aggresive tenant, What should she do?
Discussion
This concerns a young friend who is a first time landlord and has been threatened with legal action by a very nasty ex-tenant.
I think she needs advice but she is desperately short of funds so I thought I would ask for a view from you all before she starts shelling out even more money she has not got.
Long story Short
The tenant has lived in the flat for six months and has never paid any rent. This is because of a damp problem that has arisen. He negotiated a halving of the rent with her and then stopped paying entirely. The damp problem has been caused by faulty work undertaken by the maintainable company whom she has been forced to take to the small claims court.
The tenant agreed to leave this Thursday and I was asked to attend because she is terrified of him.
On arrival at the flat, the flat was cleared of his property and he was not present at the time agreed. We debated entering but decided to give him more time.
He arrived a late, by which time the locksmith hired to change the locks had also arrived. We all entered the property. I asked him and he confirmed that he was now living at another address.
This is where the fun starts.
The handover agreement with the tenant was to exchange the keys for the deposit money. However, he then insisted, he claims acting on legal advice, that the landlord sign a letter which released him from any future action. This was news to her, and the letting agency, who were aware of the agreed details of the handover. She agreed that if he could print out a copy she would read it and if happy she would sign it. While he was away at a friends printing out a copy the locksmith began to change the lock.
He returned with the letter which, having read, she refused to sign. The tenant was incensed by this and became very aggressive verbally and in posture - to the point that the locksmith wanted to phone the police. I managed to calm him down but he refused to return the original keys, despite being given his deposit cheque, and is now threatening to report her to the local authorities for changing the locks while he was in possession. He is also threatening to sue her for damages ( unspecified) and wrongful eviction.
Anyone been here, or could provide some guidance?
I think she needs advice but she is desperately short of funds so I thought I would ask for a view from you all before she starts shelling out even more money she has not got.
Long story Short
The tenant has lived in the flat for six months and has never paid any rent. This is because of a damp problem that has arisen. He negotiated a halving of the rent with her and then stopped paying entirely. The damp problem has been caused by faulty work undertaken by the maintainable company whom she has been forced to take to the small claims court.
The tenant agreed to leave this Thursday and I was asked to attend because she is terrified of him.
On arrival at the flat, the flat was cleared of his property and he was not present at the time agreed. We debated entering but decided to give him more time.
He arrived a late, by which time the locksmith hired to change the locks had also arrived. We all entered the property. I asked him and he confirmed that he was now living at another address.
This is where the fun starts.
The handover agreement with the tenant was to exchange the keys for the deposit money. However, he then insisted, he claims acting on legal advice, that the landlord sign a letter which released him from any future action. This was news to her, and the letting agency, who were aware of the agreed details of the handover. She agreed that if he could print out a copy she would read it and if happy she would sign it. While he was away at a friends printing out a copy the locksmith began to change the lock.
He returned with the letter which, having read, she refused to sign. The tenant was incensed by this and became very aggressive verbally and in posture - to the point that the locksmith wanted to phone the police. I managed to calm him down but he refused to return the original keys, despite being given his deposit cheque, and is now threatening to report her to the local authorities for changing the locks while he was in possession. He is also threatening to sue her for damages ( unspecified) and wrongful eviction.
Anyone been here, or could provide some guidance?
Edited by OldandGrumpy on Friday 3rd October 16:40
He's probably rather peed off that he rented a property spent money moving to it six months ago then spent money moving out six months later because of these problems.
He's probably also thinking that as soon as he leaves he is going to be sued for rent, and/or the deposit cheque will be stopped. There must be a reason for this level of distrust?
How does it appear to him when the Landlord refuses to sign a letter to stop her taking future action? It simply confirms for him that that is going to happen, so he's got defensive.
I'm reasonably sure if you placate him and his fears he will have no reason to ever even think of what seems to have been a nightmare.
Do it in writing.
He's probably also thinking that as soon as he leaves he is going to be sued for rent, and/or the deposit cheque will be stopped. There must be a reason for this level of distrust?
How does it appear to him when the Landlord refuses to sign a letter to stop her taking future action? It simply confirms for him that that is going to happen, so he's got defensive.
I'm reasonably sure if you placate him and his fears he will have no reason to ever even think of what seems to have been a nightmare.
Do it in writing.
Edited by JustinP1 on Friday 3rd October 17:04
OldandGrumpy said:
It might be a bit more serious than that. He is going to report her for changing the locks while he was in possession, which is a criminal offence.
In civil court he is threatening to sue her for damages
So why didn't you both sign a letter to say that you are not going to sue each other when the opportunity arose?In civil court he is threatening to sue her for damages
OldandGrumpy said:
It might be a bit more serious than that. He is going to report her for changing the locks while he was in possession, which is a criminal offence.
In civil court he is threatening to sue her for damages
Been there and got the t-shirt. He cant bring a criminal case against the landlord. That will be up to the council or police. In the circumstances as you have explained, they wouldnt even be interested unless he sexs up his report. Even at that, the good thing is you have an 'independent' witness, the locksmith. I am assuming the locksmith was found professionally and not just a mate doing a favour.In civil court he is threatening to sue her for damages
I cant really see what he could sue for in civil court. He never paid rent, I assume his deposit was protected and he also got it back.
Your mate should be thankful he is out! You guys should buy a cheap bottle of wine and celebrate tonight.
If she plans to keep renting, she must ensure in her next contract, she provides an email address and it is clearly stated that all communication must be in writing. In the lock changing scenario you described above, video recording would also have been very useful.
thelawnet said:
amateur landlord meets professional tenant.
Did she serve valid section 21 notice?
Sounds like the landlord had been played like a fiddle.
btw: the thread doesn't match the title, the problem here isn't the tenant being aggressive!
Yes unfortunately she has not been professional about it. Did she serve valid section 21 notice?
Sounds like the landlord had been played like a fiddle.
btw: the thread doesn't match the title, the problem here isn't the tenant being aggressive!
Thank you for your point about the title
She had learnt a lot from this the hard way and has had to sharpen up quickly, and is only blaming herself. Thank yo all for your replies, I know she will be very greatful for your help.
Thank you all for replying.
How was she able to return his deposit by cheque?
The deposit should have been paid into a deposit protection scheme, in which case they would return funds direct to the tenant. If she has not protected his deposit, as seems the case, she could be liable to a very hefty fine if he decides to make things difficult.
The deposit should have been paid into a deposit protection scheme, in which case they would return funds direct to the tenant. If she has not protected his deposit, as seems the case, she could be liable to a very hefty fine if he decides to make things difficult.
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