trespasser in my basement - advice please?

_bankrupted

So please explain how you would have handled returning home from holiday, seeing that he's undertaken £1000 of decorating work and then establishing that he was not suitable for being a tenant?

picoradio

I gave him a key, he stole another key so now I don't have access to my own property.

If he had redecorated well (it is a small flat and was only decorated four years ago professionally, only in need of a little lick of paint) I would have given him what he spent and a bit for labour. At the time the fact that we have mutual friends, that he had been very good up to that point had lead me into trusting him. I know now that was wrong, and lesson learned but I am by nature generous and did not suspect.

It seems that lots of people on this thread are assuming that I am a man. I'm not. I am a single woman living alone. This man has bombarded me with text messages and my other female tenant, all friendly, (some too friendly). I think he had some hope of us being a couple. That is what he told my other tenants, and when I found that out, I was quite disturbed. He told my other tenants. He is a fantasist. I believe it is possible that he is mentally unstable.

joujou

Given the shady nature of the verbal agreement, unfortunatly he can easily become a pain in the back side if he becomes determined and can cause lots of trouble. I would cease all communication with him and seek the advice of a property lawyer.

picoradio

G_M wrote: »

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:
implying no key handed over....

We really need some answers from picoriado!

Key was handed over before I went away, he said he was going to paint a bit and move some stuff in and then move himself in and start living there shortly after I got back (at which point we would complete everything, take a months rent and sign contract). The house is a Victorian terrace that has been converted into four flats, basement (the one he's in), ground floor (mine) and first and attic floors with my other tenants in.

theartfullodger

You agreed he could have a tenancy. He paid. You GAVE him key. He took up occupation.

Many judges would conclude he has a valid tenancy - an AST.

If it gets to court please let us know the results.

Cheers!

_bankrupted

OK fair enough, but even in doing that you were not approaching this professionally as he could have turned around and claimed an extortionate amount for his time and effort.

I am sure others here can give more solid legal advise, but it does seems like some verbal understanding was reached as you gave him a key. You need professional legal advise.

[Deleted User]

Could you get your mutual friend(s) to talk to him? Explain that he's freaked you out and he really ought to leave? The fact that he stole your key is particularly worrying.

agrinnall

When you say he stole your spare keys, was that keys to the flat that he has moved into, or did it include keys to your own flat? If it's the latter then get your own locks changed NOW.

hazyjo

When did you realise the key was missing from your set? Did he take the whole bunch, or take a guess at which key was for his flat? Are there other keys missing? He was alone enough to get a key off a keyring in your flat and not make any noise?!

I would have been straight down to the flat you'd given him a key for saying you had misplaced your key and would be changing the locks and issuing him with a new key. Can't believe you left him down there knowing he'd stolen a key and didn't get suspicious. Or did you notice after your holiday?

There are some aspects to the story that do seem slightly 'strange', I have to say. Even the letting him decorate bit. That seems really odd to me. Surely if you're going to let something, you'd have it ready. You wouldn't be hoping that the prospective tenant was a decorator, or handy with a paintbrush.

Why would you advertise just before going on holiday? It sounds like you were going within days of him replying to your ad. Surely you'd just wait until you got back?

If you told him that he could move in after paying a month's rent up front and after providing references (surely you'd get those anyway?!), why on earth did you give him a key before any of that happened? Did you say he could just decorate and not stay there, or did you know he was living there?

Jx

CIS

how much it is costing me in lost rent and council tax he isn't paying.

Make sure the council are aware he is resident as he is liable for the council tax charge and not yourself.