Mad Arrogant Lying Man Taking My Sister To Court Over Rent, Deposit, Expenses!

breadlinebetty

My sister took in a lodger just before Christmas and took one month deposit plus one month rent in advance. She charged a very reasonable rent which included all bills, gas/electric/CT/Internet etc.......

She told him that it was one month's notice either way when leaving but she was looking for someone for a minimum of 6 months. He asked her for a contract but as she's just a live-in landlord she didn't have anything official so wrote out the terms. She wrote what the rent included, that is one month's notice either way (but forgot to write that she was looking for someone for a minimum 6 months).

Her house is really beautiful and spacious. The rent she charged him was also low given what was included in the rent and also how lovely her place is.

She also has 2 other lodgers (both professionals) one of who is a French teacher but originates from Morocco - she is a muslim. When my sister agreed to have this chap move in she told him she had 2 other lodgers who were hardly ever at home, were quiet and professional and he was OK about that. This chap is Jewish and my sister never mentioned the French teacher was a muslim simply cos it never occured to her.

When he moved in she realised almost straight away that he was really mean and demanding. He kept asking my sister for lifts (she is widowed and getting on and I think he was taking advantage of her soft nature). Anyway, he completely took the mick from day one. He hogged the kitchen and cooked fried food 3 times a day. The smoke and grease went everywhere and he never once cleaned up after him. He never even put his plates and pans in the dishwasher, he just left them on the table.

He took over the bathroom and would spend up to an hour in there preventing the other lodgers from using it. He was well aware that they had set times to go into the bathroom whereas he could shower any time as his hours were flexible at work and he would go in near enough when he wanted.

He would use a whole toilet roll every single day and it was like he deliberately went out of his way to be difficult. He walked around causing a bad atmosphere (he thought he was above everyone becasue he had a PhD) and the female lodger said he gave her the creeps the way he leered at her.

One of the female's lodgers friends stayed over one night and in the morning she noticed he was in the bathroom naked with the door wide open. She was really embarrassed and when she saw him afterwards he leaned towards her and encroached on her personal space.

He also took people's shampoo, soap, toothpaste etc and took food from the fridge that did not belong to him. He also made calls abroad on my sister's private landline which he at first denied and then admitted when my sister showed him proof.

He was obnoxious, arrogant, and not one person took to him.

My sister has had lodgers for years since being widowed and is a real softie. She's remained friends with many of her lodgers who have moved on and got married etc - she's a friendly accommodating woman.

But to keep the peace for the other lodgers she had to tell this man to clear up after himself, stop hogging the bathroom, pinching other people's stuff etc...........he didn't reply - he just walked off. This was in January.

Next day my sis got a text and he said he would be moving out in one month, that he wasn't going to be told what to do by anyone, and that he could spend all day long in the bathroom if he wished!

When my sis saw him next day she said he was expected to stay for a minimum of 6 months but if she found someone to replace him that was OK with her as he didn't fit in anyway. He then leaned in towards her (he is very tall) and said he in that case he would go now! He had been offered free accommodation in his place of work. He then demanded his rent back plus deposit and my sister said she couldn't do that straight away until she replaced him.

He then leaned in closer and said DON'T PUSH ME WHERE I DON'T WANT TO GO. Obviously my sister was really scared and she shot out the house. She had a doctor's appointment anyway and when she got there her blood pressure was abnormally high (probably due to him).

Later that day my sister returned with my husband and was surprised to find 2 policemen in the the house with this lodger. They told her he had asked them to come as he wanted to collect his stuff and move and was worried there would be a breach of the peace. My sister was relieved although puzzled as to why he's brought the police, but now realises it was his sneaky plan of what to do next. As he was leaving he asked her for his rent for that month plus deposit and she said she didn't have it and it would have to be sorted out later. She told him it was his choice to leave immediately too.

He didn't want to give her the doorkey but the police insisted, and the police also got very irritated with the man and told him to hurry up - he treated them like servants.

After he'd gone my sister went in his room and found he'd broken the leg on the base of the bed (a very expensive bed too), broken the lampshade, broken a hinge on the wardrobe, left it filthy dirty - and 2 of her best bathtowels and 2 linen sheets and pillowcases had gone missing. She knows full well he took them but she can't prove it and to be honest was glad to be rid of him after he'd threatened her.

Anyway, 2 days later he wrote to her giving her 10 days to return his one month's rent, deposit, plus £430 expenses incurred (taxi for moving) plus emergency accommodation. He claimed she threw him out.

Mysister phoned him to talk to him about it but he refused to answer his phone. She left a message on his voicemail and told him that she could not be expected to return his rent as he had left of his own accord.

Two weeks later my sister received a court summons from him demanding the rent, deposit plus £430 expenses (incidentally, he went straight to his free accommodation and a taxi would have only cost him £20) and in it he claimed that my sister threw him out, made racist jibes (my sister has a muslim staying in her house, he was Jewish, and my sister's late husband was Jewish too! She's hardly racist!!!) and he claimed that my sister said to him on the morning of the day that he left that if he returned she would get a knife!!!!

He has deliberately lied in order to sully her name and try to get money out of her. She has replied to the court summons and is waiting for a reply.

I'm just wondering what will happen when it goes to court?

McKneff

If she gives all the evidence in court that you have said here he will be laughed out of court, and probably your sister will be awarded costs.
She has so many witnessess, lodgers, and even the police.
Let it run its course and tell her not to worry.
(Tell her to get a police report of the incident when he came to collect his things and if possible take photos of the damaged items etc.
This arrogant prig wants taking down a peg or two.

LeeSouthEast

He's got no hope. Go to court! It'll be a fun day out given the circumstances. She even stands to get awarded costs for the broken items.

MX5huggy

socrates wrote: »

Your sister did NOT put the deposit into a scheme from what you say and did not have a proper tenancy agreement. She works on trust etc.

Theoretically if he knows what he is doing she can lose three times the deposit value - plus all the expenses - I am not sure what will happen.

Take the lessons - your sister needs to have proper agreements and lodge her deposits with the correct agency (in line with the law)

But this it is a logger not an tenant so none of this counts.

From the DPS web site:-

TDP only applies to deposits taken in connection with Assured Shorthold Tenancies (ASTs).
The AST is one of the most common forms of tenancy in the private rented sector. The AST is defined by Housing Act 1988 and there are exempted occupations which cannot be ASTs, and to which therefore TDP does not apply. The exemptions are where the tenancy began before 15th January 1989, where the annual rent exceeds £25,000, or where the landlord is resident in the property.

maninthestreet

He was lodger, he has no protection from eviction, and it seems he chose to leave of his own volition anyway.

lostinrates

Is it relevant whether she had an inventory or not? In 'normal' tnenacies its been indicated here lack of inventory bodes ill for LLs in claiming from the deposit, which is why I wonder how it is for lodgers.

socrates

I deleted my reply - as I did not read the thread correctly

McKneff

Can you let us know when the court case is so we can get into the public gallery for a good:rotfl: :rotfl: :rotfl:

silvercar

I would think your sister should be grateful he is gone and not worry about the minimum 6 month term - after all she wouldn't want him back.

I would tell him the rent in advance payment will be used to repair damaged caused.

If this does get to court (which I doubt) your sister would need to attend to defend the action.

poppysarah

She needs proper quotes for all repairs.
Statements from the other tenants saying what a nice landlady she is and how horrid this man was.

DKLS

Go to court, it would be well worth it.
Reminds me of a Muslim guy I once interviewed, and turned down for a job, he berated me, stating I was racist, and he was going to take me to tribunal etc. I asked him if he would like to speak to the guy I did hire for the job.
My new employee, tore him a new !!!! hole in perfect Urdu. :rotfl: