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

mynameisdave

From the way you describe these people, lying ina court is going to be the type of side by side solidarity you may need to give your friend.

Will you be there with him when they come round with the heavies?

blabberwort

I dont know any of the legalities but I would say your friend doesnt have a leg to stand on regarding the furniture. Her best bet is to shove it outside and let the other girl know it's there if she wants it. Give a time limit and if after that it's not been taken then dump it.

I do kind of feel it's karma though, she sublets thus the ll not getting rent for 2 people, girl owes original tenant money, tenant gets stiffed just like she did to the LL. Just deserts imo and hopefully she'll learn a lesson from it.

Colincbayley

princeofpounds wrote: »

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

I know what you are saying, however as the true tenant was also living at the property, then the sub-tenant was in fact a lodger, therefore an AST was not created between tenant and sub-tenant.

DVardysShadow

Colincbayley wrote: »

I know what you are saying, however as the true tenant was also living at the property, then the sub-tenant was in fact a lodger, therefore an AST was not created between tenant and sub-tenant.

The finer points of the law are wasted here

spiro_gi wrote: »

... 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

Ulfar

This is one of those live and learn experiences for your friend. Once the nice lady has picked up her furniture I would then be moving, just in case she does have a key and fells like coming back and taking more stuff or doing more damage.

Your friend will either have to stump up for damages out of the deposit or put them right now.