dirtbiker Posted January 26, 2008 Report Share Posted January 26, 2008 I'm a student landlord (live-in, during term time) in Nottingham and I've got a lodger who is sueing me for his rent and deposit. Essentially the guy moved into the house in June (while I was on holiday) and lived there (as far as I know) for two months before leaving due to failing his University exams. The keys and contracts (a copy for him and one for me) were given to him by one of my other lodgers at the time but I was never sent my copy of the contract. While he was living at the house he paid me the deposit and one month's rent by bank transfer. He phoned me during my summer holidays to tell me that he had failed and ask if it was ok to move out. I gave him permission to leave on the condition that he posted me the keys and the contract. I never received the keys (so have since changed the locks) and when we arrived back at the house it was obvious that he had been living there for some time. The kitchen and bathroom required extensive cleaning and the blind in his room needed replacing as he had used drawing pins to secure it to the wall. I attempted to contact him asking for the rent that was owed me and the bills that he had also not paid for but he didn't answer his emails or phone. I deducted the rent, bills and cleaning money from the deposit and then emailed him asking him to check this and give me his bank details so that I could transfer him the remainder of his deposit. I then received a voice-mail message saying that he was unhappy with this and going to take legal action. I have now received a N1 Claim form from Birmingham County Court saying that the deposit and rent money should not have been paid as we had been unable to agree. The Particulars on the form are as follows: "I am a student at Nottingham University and in May of 2007 I spoke to Chris Tayler concerning a rental of a room in a house at Nottingham. I met Chris in May but I had hope to b able to move in June 30th. We had several conversations but Chris Tayler had left by June 16th. I came to the house June 21st but Chris had gone. We could not agree on various issues but monies were paid into this bank account which I wish returned. " Should I obtain legal advice on this matter or simply return the Dispute form filled in by myself? If this case were to go to court is it likely that I would be found to be in the wrong (even though I don't think that I am)? Thanks for any thoughts on the matter. Quote Link to comment Share on other sites More sharing options...
TomR Posted January 26, 2008 Report Share Posted January 26, 2008 How much money is it for? Id advise getting some legal advice, or even just talking to the CAB. Quote Link to comment Share on other sites More sharing options...
dirtbiker Posted January 26, 2008 Author Report Share Posted January 26, 2008 It's £500 so not a huge amount but the principle remains.I'll call Citizens Advice when they're open and see if they can help.Cheers Quote Link to comment Share on other sites More sharing options...
heli_flyer Posted January 26, 2008 Report Share Posted January 26, 2008 It all depends what is written in the contract. Cant comment without knowing. Quote Link to comment Share on other sites More sharing options...
Rojo Posted January 26, 2008 Report Share Posted January 26, 2008 I dont know enough about it to comment but it sounds serious so i reckon legal advice has to be the way forward.Good luck and i hope you get it sorted! Quote Link to comment Share on other sites More sharing options...
Krisboats Posted January 26, 2008 Report Share Posted January 26, 2008 If you don't have a signed copy of a contract yourself i'm not sure what you can do about it. The contract would be for the rental of the house and not whether he lived there (which i assume you know), so if you do have a copy of it and he hasn't made a formal cancellation of the contract that your both agreed to and have both signed then i can't see him being able to do anything. Ideally you should have kept a signed copy of the contract before you let him move in.Like i said though, if you don't have it then i don't know where you stand. You WILL be best seeking proffesional help from somewhere though, most forum answers are based on little fact and shouldn't be used as definate advice in legal matters like this. Quote Link to comment Share on other sites More sharing options...
Jonny Jones Posted January 26, 2008 Report Share Posted January 26, 2008 With all due respect, I wouldn't share stuff like this with a forum, just go to Citizens Advise and see what they say. Way better to make decisions in real time with real people mate, sorry to sound a bit off but im hoping you know what I mean. Its kinda private, I'd keep it that way Quote Link to comment Share on other sites More sharing options...
dirtbiker Posted January 27, 2008 Author Report Share Posted January 27, 2008 You're right Jonny, it is private but I'm at a loss as to what to do right now! Hopefully Citizens Advice and my Student Union should be able to help out.Cheers for the replies guys. Quote Link to comment Share on other sites More sharing options...
Jonny Jones Posted January 27, 2008 Report Share Posted January 27, 2008 You're right Jonny, it is private but I'm at a loss as to what to do right now! Hopefully Citizens Advice and my Student Union should be able to help out.Cheers for the replies guys.Best of luck with it all dude! Quote Link to comment Share on other sites More sharing options...
poopipe Posted January 28, 2008 Report Share Posted January 28, 2008 I'd have thought that as long as the numbers worked out (ie you only took rent&damage money from the deposit and then gave it all back) then it should all work out ok. butdefinitely get some proper advice cos there'll be paperwork to fill in if anything is taken further and the landlord is usually the one that ends up getting f**ked in these situations Quote Link to comment Share on other sites More sharing options...
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