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Need help/advice please?
hushpuppy
Posts: 169 Forumite
A bit of advice please?
In August a friend asked if I could help him out with some accommodation as he had split up from his girlfriend, as I have a spare bedroom with its own lounge area which was not being used it seemed a good idea. We VERBALLY agreed that as I would have to decorate it, new carpets etc, which cost me £1000 and a week off work for me and my partner, that the fairest solution would be that he stayed for a minimum of 4 months and after 6 months it be reviewed as his circumstances improved. We agree that he would pay £400 a month all in (he would buy his own food), half of what he had been paying for similar sized accommodation plus bills .
He moved all his furniture in and starting living with us on the 20th of September and on the 1st of October paid £400 in advance for that month, he arranged for sky to be installed in his 'lounge' and everything was fine. Towards the end of October he approached me and offered to pay me £550 a month as he had eaten just about every night with us, which wasn't part of our original agreement, but we didn't mind as to cook for 2 you can just as easily cook for 3, which he paid at the end of October.
On 30 October he met his new girlfriend, and invited her to a fireworks party we had on the 5th November, that was the last time I have seen him!!
Despite trying to call him several times to see if he was ok I finally got through to him on the 30th of November and he dropped a bombshell that he was intending to move in with her in the New Year. To be honest I lost it with him, as I pointed out what we had agreed and what I had spent getting the rooms ready to make them habitable, which I could ill afford and would not have had done, for him to move out 2 months later.
He stated that as he would not be able to move his furniture out until he had found a new place and that he was going on holiday with his new girlfriend towards the end of January, he would move it all out on the 6/7 of February, so he would pay £550 rent for December and £400 for January. I reluctantly agreed and suggested that he pay up front, (as I could see the writing on the wall) but he claimed he did not have the money to do so.
During the first 2 weeks of December despite me trying to speak to him on the phone, numerous texts and e-mails he had not paid the £550 for December as we had agreed. On 19th December, whilst I was away, I received a text from him stating, 'I'm coming over on Sunday to collect SOME of my stuff' I replied that I was away, but it would be nice to talk in person and where was the money we had ageed on. He never replied.
When we got home on the 21st I found that he had cleared all his stuff out. when I tried to get in touch to see what was going on I subsequently received an e-mail from him stating the following:
Despite me being under no contractual obligation I duly gave a considerate 1 month notice of my intention to move out via Text on the evening of Monday 30th November, to which you acknowledged receipt.
Let me just make that clear, I was never, nor am I now under any contractual agreement to serve you any notice period I have never agreed to a minimum 6 month term with a penalty payment for early cancellation and I would urge you to provide some evidence of this or an independent, impartial witness of said agreement. If a binding agreement was what you were looking for you should have entered into a documented short tenancy agreement. It’s clear you have no experience in what is required when running a rented accommodation
I have looked up the legislation and it would appear that if he were a tenant he is probably right and there is nothing I can do as I did not have a written contract with him, but I think he was at best a lodger, and therefore I think our VERBAL agreement is enforceable?
I realise that really I should just chalk it up to experience, but my pride wants justice, as our friendship clearly wasn't worth that much to him. Can anyone please offer any advice or assistance?
Thanks
In August a friend asked if I could help him out with some accommodation as he had split up from his girlfriend, as I have a spare bedroom with its own lounge area which was not being used it seemed a good idea. We VERBALLY agreed that as I would have to decorate it, new carpets etc, which cost me £1000 and a week off work for me and my partner, that the fairest solution would be that he stayed for a minimum of 4 months and after 6 months it be reviewed as his circumstances improved. We agree that he would pay £400 a month all in (he would buy his own food), half of what he had been paying for similar sized accommodation plus bills .
He moved all his furniture in and starting living with us on the 20th of September and on the 1st of October paid £400 in advance for that month, he arranged for sky to be installed in his 'lounge' and everything was fine. Towards the end of October he approached me and offered to pay me £550 a month as he had eaten just about every night with us, which wasn't part of our original agreement, but we didn't mind as to cook for 2 you can just as easily cook for 3, which he paid at the end of October.
On 30 October he met his new girlfriend, and invited her to a fireworks party we had on the 5th November, that was the last time I have seen him!!
Despite trying to call him several times to see if he was ok I finally got through to him on the 30th of November and he dropped a bombshell that he was intending to move in with her in the New Year. To be honest I lost it with him, as I pointed out what we had agreed and what I had spent getting the rooms ready to make them habitable, which I could ill afford and would not have had done, for him to move out 2 months later.
He stated that as he would not be able to move his furniture out until he had found a new place and that he was going on holiday with his new girlfriend towards the end of January, he would move it all out on the 6/7 of February, so he would pay £550 rent for December and £400 for January. I reluctantly agreed and suggested that he pay up front, (as I could see the writing on the wall) but he claimed he did not have the money to do so.
During the first 2 weeks of December despite me trying to speak to him on the phone, numerous texts and e-mails he had not paid the £550 for December as we had agreed. On 19th December, whilst I was away, I received a text from him stating, 'I'm coming over on Sunday to collect SOME of my stuff' I replied that I was away, but it would be nice to talk in person and where was the money we had ageed on. He never replied.
When we got home on the 21st I found that he had cleared all his stuff out. when I tried to get in touch to see what was going on I subsequently received an e-mail from him stating the following:
Despite me being under no contractual obligation I duly gave a considerate 1 month notice of my intention to move out via Text on the evening of Monday 30th November, to which you acknowledged receipt.
Let me just make that clear, I was never, nor am I now under any contractual agreement to serve you any notice period I have never agreed to a minimum 6 month term with a penalty payment for early cancellation and I would urge you to provide some evidence of this or an independent, impartial witness of said agreement. If a binding agreement was what you were looking for you should have entered into a documented short tenancy agreement. It’s clear you have no experience in what is required when running a rented accommodation
I have looked up the legislation and it would appear that if he were a tenant he is probably right and there is nothing I can do as I did not have a written contract with him, but I think he was at best a lodger, and therefore I think our VERBAL agreement is enforceable?
I realise that really I should just chalk it up to experience, but my pride wants justice, as our friendship clearly wasn't worth that much to him. Can anyone please offer any advice or assistance?
Thanks
Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body,
but rather to skid in sideways, thoroughly used up, totally worn out and loudly proclaiming ..... wow what a Ride!
but rather to skid in sideways, thoroughly used up, totally worn out and loudly proclaiming ..... wow what a Ride!
0
Comments
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He was a lodger if he didn't have completely separate living-accommodation but even so, if you didn't have any formal contract drawn up there's nothing whatsoever you can do except to write this off to experience.
Just try and see it as an investment in getting someone so selfish and inconsiderate out of your lives forever. What a !!!!!!!
You could see if you could get a proper lodger in and charge them a more realistic rent now that you've got the two rooms in a comfortable state and recoup your losses that way.
That a-hole is obviously a ruthless user and is most probably using this new girlfriend as well. He'll get what's coming to him sooner or later, just wait and see.0 -
A verbal agreement is contract in law. Your problem is that your gonna need a witness to agree with you as you may find it hard to prove in court.
Tell him if hes gonna stop paying rent then that is the end of the contract and he shortly going to find all his worldly procession out on the front lawn and your gonna find a new lodger.0 -
Nice plan Mankysteve but the sly sod has moved all of his stuff out while the OP and partner were away.0
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Mankysteve wrote: »A verbal agreement is contract in law. Your problem is that your gonna need a witness to agree with you as you may find it hard to prove in court.
Tell him if hes gonna stop paying rent then that is the end of the contract and he shortly going to find all his worldly procession out on the front lawn and your gonna find a new lodger.
The OP said he had cleared all his stuff out so there is nothing to put on the lawn.
OP like Bitter and Twisted said, put it down to expreience and look on it as an investment at getting this selfish tw"t out of your life. You've learned something, like getting everything in writing for whatever agreement you make in the future.
What goes around comes around, you'll get your reward for being a good mate, he'll get his, dont doubt it.
Good luck mate.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Thanks for a the replies, and I know that you are all right that I should put it down to expirence.
With regards to a witness I actually have 2 mutual friends who were present when we made the agreement. I know that they are very annoyed with him as well, but I am not sure if I ought to involve them?Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body,
but rather to skid in sideways, thoroughly used up, totally worn out and loudly proclaiming ..... wow what a Ride!0 -
change the locks, grit your teeth, write him off as a mean b*gger and move on..... not worth the hassle and effort to take him to court... what goes around comes around .....he;ll get his just desserts0
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