was subletting room to a friend wh done a runner owing money help please!

spiro_gi

Hi all and thanks for any replies.

my friend rents a flat and recently moved a friend of a friend in who agreed (though the landlord didnt know about it as my friend is skint) to pay half rent and bills etc. this went well for a few months. a few weeks ago the girl turned to my friend and said she didnt have the months rent that she owed her and would be round later to talk about it. i later on recieved a text and what happened was the girl came round with her boyfriend and his big friend who basically yelled at my friend saying that his girlfriend didnt know anything and they would stay there rent free for a few days until she could find somewhere else to live. my friend to be fair said she had to leave then and after much intimidation they got her stuff and left though they left her furniture behind.
my question is obviously as there was no contracts etc and the fact that my friend does not own the place she cant get this money that she is owed (it turns out this girl does it alot, moves somewhere then gets her boyfriend to threaten people when she doesnt pay up) and must chalk it off to experience. dont worry i have already said she shouldnot have sublet in the first place. but the girl left her stuff. what rights does my friend have to not give it her back. i am fuming as when they came round the blokes threatened her and allsorts and she wont phone the police as small town etc, just wants to leave it. but now she is scared that they will come round asking for the stuff she left behind. my advice hs been to tell them to do one and that all er stuff has been skipped, seen as there were nocontracts etc nothing in the flat is hers as technically she was never there. thanks

poppysarah

They rely on people not phoning the police and reporting it.

DVardysShadow

your friend don't have rights not to give it back and if she still has the stuff she should give it back innit.

sonastin

leave it outside for them to collect. Especially if its raining!

spiro_gi

But seriously this girl owes about 200 quid, plus she broke a few things that will come off my friends deposit and left her room in a right state. obviously these are her things but how can they have the right to get em when they owe money plus they broke stuff. i mean they cant enter the house with my friends consent as it would be trespassing nor if they came in with a key when she was out that would also be trespassing and theft surely.

moromir

Spiro -

Does she still have a key?

If your friend starts getting funny about giving the stuff back - whats the likelyhood she/he comes home from work and finds the friend has taken her stuff and trashed the rest of the flat in revenge? Much simpler just to give the stuff back and cut her out of their life and chalk it up as a life lesson.

spiro_gi

dont think they have a key. shes pretty sure they dont and she will tell the girl that she has skipped all the stuff they left. yeah it will have to be chalked up as a life lesson. was just wondering what rights they have to claim the money for their stuff as i reckon they will probably come back and say well you we us for our furniture. but as i see it you cant exactly threaten a person saying we dont owe you anyting and also were gonna stay rent free because were scary people and then do a runner owing 200 quid in rent and bills and then expect to be owed money for the stuff you left behind. as i see it they were never here, as it works for them skipping on paying what they owe as there is no contract, evidence etc, so does it work for my friend, as in no contract evidence they were here she can just go you left nothing now p*** off or also say i skipped your stuff it was of no value really. in other words just like my friend has no leg to stand on to get what she is owed, they have no leg to stand on now they have no key. i tink im right

DVardysShadow

spiro_gi wrote: »

dont think they have a key. shes pretty sure they dont and she will tell the girl that she has skipped all the stuff they left. yeah it will have to be chalked up as a life lesson. was just wondering what rights they have to claim the money for their stuff as i reckon they will probably come back and say well you we us for our furniture. but as i see it you cant exactly threaten a person saying we dont owe you anyting and also were gonna stay rent free because were scary people and then do a runner owing 200 quid in rent and bills and then expect to be owed money for the stuff you left behind. as i see it they were never here, as it works for them skipping on paying what they owe as there is no contract, evidence etc, so does it work for my friend, as in no contract evidence they were here she can just go you left nothing now p*** off or also say i skipped your stuff it was of no value really. in other words just like my friend has no leg to stand on to get what she is owed, they have no leg to stand on now they have no key. i tink im right

You know, this all started out in a world where no one recognised that it was wrong to sublet. This is not going to be sorted out in terms of right and wrong, the people involved don't seem to recognise these terms strongly enough - all the way through.

princeofpounds

Your friend has been an idiot and has to be careful.

If he has allowed her exclusive occupation and has been collecting rent, he has established a tenancy. He and his subtenant DO have contract - a statutory AST in fact. This tenancy can only be ended by agreed surrender, a court order or the end of the mesne (head) tenancy.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/sharing_and_subletting/subtenants

If you kick a tenant out without a court order then it can count as illegal eviction. That can involved hefty fines and a criminal record. Sometimes even prison. The manner in which this was all handled leaves him open to such a claim, and even if unjustified it will cause a lot of stress if it has to be defended.

Frankly your friend should count himself lucky that she has moved on and probably should not attempt to take the matter any further. And next time he attempts to be a landlord he should realise his legal responsibilities.

As for her property, it's tort law:

http://www.landlordzone.co.uk/uncollected_goods.htm

sonastin

if your friend is willing to stay in the grey area of no-one-can-prove-who-owns-what-and-who-owes-what, and she's not afraid of possible repercussions from the big scary boyfriend and his big scary mate can I suggest e-baying instead of skipping. The mystery furniture that no one owns could help to pay the mystery £200 that no one owes.

But I don't know where it stands in terms of laws and rights so its not something I would do. but then again, I wouldn't sublet either so...

spiro_gi

thanks for all info. i know, believe me i mentioned all this subletting business before it happened, it fell on deaf ears. all it was is this girl needed a place to stay for a few months and my mate said move into mine until you find somewhere else, so the girl agreed to split rent etc while she was there. from what i can tell if they turn up wanting there stuff he basically has no rights to keep it even though they owe money and broke fittings that mean my friend will lose his deposit. or if he bins there stuff they can then bill him? though ill just be his witness and say they only left a lamp :P