trespasser in my basement - advice please?

G_M

RuthnJasper wrote: »

I think, though the OP doesn't state it, that the OP gave the man the keys prior to going on holiday - ""

It's a wretched situation, but I guess the OP is partially at fault if s/he DID hand over the keys prior to the holiday. Hopefully, I'm wrong.

Yes, I agree, if he did indeed hand over the keys in exchange for money.

AND if this is not shared accomodation making the 'trespasser' a lodger rather than tenant.

but he said:

told him that once he got references and the month's rent up front plus bond he could move in.

implying no key handed over....

We really need some answers from picoriado!

picoradio

I gave him one key on the understanding that he would decorate before moving in. He seems to have taken my spare set when he was in my flat discussing the payment of remainder. £800 is what was owed in total and is usually paid before moving in. He has no tenancy agreement and no receipt for the £450. I did offer to give him the money back if he left immediately but he has dug his heels in.

To clarify, my house has three doors, two to the basement flat, front and back and the main front door which I share with my two other flats which are above mine.

He offered to buy a car from one of my other tenants but kept trying to take it for a test drive alone, which they of course would not allow.

BitterAndTwisted

You got him to sort out references while you were away and then you gave him a key?

Just toss his stuff outside and change the ruddy locks! You've taken a holding deposit from him and have not formally accepted him as a tenant. That's why you've not checked his references so haven't accepted the balance of the monies due and given him a tenancy agreement to sign. He's a squatter, so get shot of him.

kirkbyinfurnesslad_2

Get rid pronto

Lesson learned here

welshwizard1927

picoradio wrote: »

He seems to have taken my spare set when he was in my flat discussing the payment of remainder.

This is theft and as such a criminal matter.

Change the locks to your property as soon as you can.

I'd seek professional legal advice from a solicitor if you're unsure, but it seems that your agreement to lease the flat was conditional on the person producing references. He failed to provide those references, thus no agreement in place.

He sounds like a crook.

joujou

Oh wow slow down everyone.

The LL took £450 from the tenant and agreed to let him in, whatever the verbal agreement was.

I think this would easily stand up in court in favour of the tenant if you were to forcibly evict him. Unless you deny that he gave you £450 in which case you'd be a scumbag liar.

Now, he breached the conditions by no "redecorating" or providing whatever you asked him to provide. At this point this becomes a standard tenant/LL dispute.

Tread carefully. If the tenant is motivated he could make your life a living hell.

Some reading: (just google verbal tenancy agreement):

http://www.tenancyagreementservice.co.uk/verbal-tenancy-agreements.htm

I am not a lawyer and this is not legal advice.

monty-doggy

joujou wrote: »

Oh wow slow down everyone.

The LL took £450 from the tenant and agreed to let him in, whatever the verbal agreement was. SUBJECT TO REFERENCES WHICH WERE NOT RECIEVED

I think this would easily stand up in court in favour of the tenant if you were to forcibly evict him. Unless you deny that he gave you £450 in which case you'd be a scumbag liar.in comparison to what the so called tenant did I'd say he is within his rights! And also if the tenant is that much of a nutter it's hardly likely he can of ford to take the LL to court anyway

Now, he breached the conditions by no "redecorating" or providing whatever you asked him to provide. At this point this becomes a standard tenant/LL dispute.

Tread carefully.

Some reading: (just google verbal tenancy agreement):

http://www.tenancyagreementservice.co.uk/verbal-tenancy-agreements.htm

I am not a lawyer and this is not legal advice.

I think he or she has every right to kick the idiot out and I would bet nothing comes of it. To have someone behave in such a way and steal from you makes them the scumbag not the OP!

_bankrupted

I love these little posts where cracks start to appear in the OP initial account!

So how has this intruder got a key? You gave him one, for decoration purposes only... Umm (and he's also stolen a second set, Umm again)

So what would have happened when he's spent several hundred pounds on decorating materials and many hours decorating, something that could have cost you up to £1000 if paid for professionally and then the references were below par??

Sorry but I think you are not telling the whole truth here, as no professional and intelligent landlord is going to give a key to a prospective tenant on the basis of decorating work, with the full knowledge of both parties that tenancy agreement may never get off the ground.

picoradio

I am indeed telling the whole truth. I have written him a letter stating he has seven days to leave with all of his belongings, leaving the place as he found it. If he hasn't gone by midday on the ninth, I will let the police know and get a locksmith to change the lock and get his stuff out. This should be the end of it, all things being well.

He picked up the spare keys off my kitchen counter.

joujou

So, how were you expecting him to redecorate if he had no keys?

You said earlier: "I gave him one key on the understanding that he would decorate before moving in", so which is it?