legal dispute with tenant

johndoh

Hi I didn’t know where to turn with this so I'm looking for any advice on this legal matter, my friend has been stressed about this situation for a while now and I want to try and help him out, he's a fantastic guy but is having tenant problems maybe in part due to being a little soft.

The situation occurred after one of his tenants became unemployed temporarily and was unable to pay his rent that was due, so he's been drip feeding rent but his financial situation is one of which that cannot afford him to live at this address, although he has a job now and it's still a problem, this was discussed with him and he brushed off the claim and promised to pay, after a lot of promises and broken promises. It all came to a head and he offered my friend to sell or give him his laptop at which my friend replied why would I want your laptop, I want my money but there and then they made a agreement, he would hold on to the laptop until Mr R Smith had paid all rent due.

Since then he's been incurring more rent and he hasn’t managed to pay it off, at which he has moved out but he still owes around £2,000. At which my friend has received this letter through the post.

Dear Mr Sam Cat,WITHOUT PREJUDICE
Re Mr R Smith

I have been asked to advise Mr R Smith in respect of property of his you have retained; my advice is as follows:

1. You can not distrain for rent if you only had a contractual license with Mr R Smith. You clearly did not have a lease as Mr R Smith did not enjoy exclusive possession of the property. Presumably this was in order to protect the property from an Assured Short hold Tenancy.
2. As you, therefore. never had anything other than a contractual license with Mr R Smith, in respect to monies owed under such a license; you simply and solely have the right to sue for damages. If you were to pursue such a claim for damages, Mr R Smith would, in any event, counter sue offset damages in respect of a variety of contractual breaches on your part, all of which entitled Mr R Smith to immediately legally terminate the contractual license as repudiated by breach. Neither of the following points are therefore, strictly relevant, However, for the avoidance of doubt:
   
3. Even if there was a lease you can not destrain from rent without a court order. (See Housing Act 1988 s19)
4. Work-related possessions such as a computer are statutorily protected from distress.
5. Intermittent use of the computer without the owner's consent constitutes a breach of Copyright law.
6. Wrongful distress, which is what you have undoubtedly engaged in, imposes legal liability on you.

Under these circumstances, I trust that you will return all of Mr R Smith's property in species (in particular, because of Copyright law) within 7 days of this letter.
Would you also please arrange access at a specified date and time for Mr R Smith to access his remaining belongings in the premise in question.
Please desist forwith from harassing Mr R Smith via his place of employment.
Failure to comply with this letter will result in Mr R Smith constituting legal proceedings.

Yours sincerely,
Ms L Salmon
Reader in Law

Trust and Estate Practitioner.

My friend is happy to give him his laptop back but only if there oral agreement is kept. Any idea's how to resolve this matter, we are under the impression the woman that has written this letter isn't registered for this kind of work and we don't see exactly how Copyright law constitutes to the use of a computer, the computer hasn’t been used at all, its just sitting here. My friend see's it like this, if he gives him the laptop back he has no leg to stand on and he gets off free. The laptop isn't used for work either and my friend never seized it from him, the tenant gave it to him. Also there was no letter head, company address or phone number on the letter.

Best Regards

silvercar

Dear Ms Salmon,

I suggest you confer with your client.

Your client offered me his laptop as security until such a time as he has paid all outstanding money due. This was done with no duress on my part, I have not opened the laptop and have no intention of doing so.

Mr Smith is clearly aware of his obligations regarding rent payment hence his insistence that I took possession of the said laptop.

I am sure that Mr Smith and yourself would like to close this matter as soon as possible. I await the outstanding payment due of XX at which point the laptop will be returned.

Yours etc

Mr Cat

Sisyphus

Correct me if I misunderstoood. There was no writtenTenancy Agreement between your friend and his former 'tenant'/lodger and your friend is withholding said person's property?

johndoh

Thanks for the advice; it’s certainly exactly what I've told him to do. It's good to get a bit of conformation on advice. And the names I've used are quite amusing. Mr Cat. Is anyone aware of an online registry for practicing legal secretaries or similar as I thought maybe an unregistered student practicing law was unlawful.Maybe am wrong

johndoh

Sorry yeah there was a written Tenancy Agreement and my friend has also got a few of some of the tenants property, these were left behide.

roguebrogue

Shouldn't of taken the laptop as security in the first place.....

chappers

Return his laptop and persue him for rent through the courts, is there definitely an AST in place.
Whats all this bull about copyright law, doesn't sound like this person knows what they are on about they are trying to bring in legal precidents that don't apply just to try and scare you into thinking they know law any decent solicitor would just stick to the facts and not get themselves tied up in knots.
The only basic claim they have against your friend is he shouldn't have their laptop.
If he does pursue this through the courts just bear in mind that getting a judgement is only half the way there, enforcing it is another matter. Make sure you get a confirmable forwarding address for him before returning his property.
In future he must be tougher with his tennants.One of my first tennants gave me the sob story and I gave her leeway, eventually had to kick her out and never even got all my rent money back. I am now much firmer with my tennants now, i.e as soon as rent is late by even 1 day phone then confirm in writing, followed by weekly calls and letters, just to let them know you are on their case and will be in the future.

johndoh

Yeah there's definitely an AST in place, he's given a huge amount of cash away with this. I hope he sees his errors and gets tough. He needs to stop becoming friends with his tenants. Thanks great advice