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Old 23 December 2008, 09:17 PM
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SwissTony
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Default Need some help with problem tenants doing a runner

Well not my problem, but my girlfriend ( so yes indirectly MY problem )

The story-apologies if a bit long winded but we would appreciate any advice

My girlfriend let out her property last year to a 'friend' ( I say friend as you will see) who was desperate for somewhere to live with her son as she was leaving her boyfriend at the time and needed somewhere to stay. It just so happened that my g/f was moving in with me so it all worked out..well so it seems.

This 'friend' took over the property without all the bits that normally come with a managed property rental , like corgi inspections etc because it was one friend doing another friend a favour. They both agreed on the rent and that was it, job done.
So this friend moved in with her son and then shortly afterwards the problems started. She is on benefits and so the rent was meant to be part paid by the council and the rest she was meant to pay herself. To cut a long story short the council messed everyone around meaning a shortfall and the friend didnt pay for ages stating financial problems. Months later the money started being paid in time and it was all okay. Then a few months ago she phoned to say she was moving out and was giving notice.

I drafted a letter stating that was okay but there were still outstanding monies to be sorted out before the handover. I said in the letter that the deposit would be kept (in a bid to help her ease the outstanding amount) and as long as the remaining amount was paid (£648) and any damage repaired, then a handover would happen and all parties would be happy.

Well today my g/f went up to do the handover but before she could get there, the friend phoned to say that no money would be paid and in fact if my g/f tried to claim it back or took her to court, then she would in return sue her for not having inspections and made up some phoney bill that her b/f had done repairs to the property and surprise surprise it would be about the same amount that was owed.

This is a ****ing joke. My g/f is so upset she cant eat, is worrying like mad about money and is beyond consoling. I need some advice, any will do to try and ease the burden.

I have thought about filing a small claim in the courts, using some muscle, threats, mediation whatever.

Thanks for reading
Swiss
Old 23 December 2008, 09:23 PM
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97TURBO
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Debt Collecters.
I know its the obvious, but trust me, they know every loop-hole going and can be very "persuasive".
Old 23 December 2008, 09:23 PM
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Petem95
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Unless you had some sort of formal contract I can't see what you can do here to be honest...
Old 23 December 2008, 09:27 PM
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DCI Gene Hunt
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Jesus swiss, you're screwed on this one no contract = no comeback!
Old 23 December 2008, 09:27 PM
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SwissTony
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Originally Posted by Petem95
Unless you had some sort of formal contract I can't see what you can do here to be honest...
There was a formal contract signed the day the tenent took the property over. Friend or not I needed to cover my back, I did not see this coming nearly 18 months ago.

Cheers, Zoe
Old 23 December 2008, 09:28 PM
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FlightMan
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Put it down to experience. Swiss, if your g/f is worrying about money, why doesn't she sell the house? Any equity in it?
Old 23 December 2008, 09:29 PM
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Get over it fella & treat as lesson learnt. Life's too f'ing short to let it get you / her down especially this time of year.

TX.

Edit - not trying to be nasty here, my view is that there's nowt can be done in this situation so just don't let it happen again. You'll spend years chasing down the debt & probably never recover it so why waste time & energy.

Last edited by Terminator X; 23 December 2008 at 09:37 PM. Reason: softer response required

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Old 23 December 2008, 09:39 PM
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m1cks
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If her friend hasn't got the money to pay then a court order making her pay is just a waste of your money. In my experience, it's too much effort for the courts to enforce it. On the plus side, she probably doesn't have the money to take your g/f to court.
Leave it be and cut all ties. She should count herself lucky it's not thousands she's owed like some other landlords.
Old 23 December 2008, 09:40 PM
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Dan Gleebits
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Swiss, I find cable tieing to the kitchen table works well.. then force feed until passes out..
ooops, you wanted advice about the tennant, didnt you ..
Old 23 December 2008, 09:43 PM
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PaulC72
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Swiss,

New year new start, let it go and learn from the lesson, I am afraid that if she does report no certs etc it could open a can of worms that you don't want to get involved in.

She could also report to the mortgage peopole {assuming there is one} and unless it has been let under the correct mortgage B2L then they could I imagine ask for any monies in difference to the one it is on or do something worse!

If she hasn't trashed the property then consider yourself lucky write it off and write her off too.

It's nearly Xmas after all.
Old 23 December 2008, 09:48 PM
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Well it has been decided that I am going to go up to the place that she now is renting or her work and TRY and reason with her. I am not emotionally involved so to speak so may have a better chance of being level headed (even though I hate to see my g/f upset)

What rankles us we went out of our way to get her into the place so she had a roof over her head and her son and left TV's, kitchen stuff, furniture etc just so she could move in in quick time.

There is a contract but whether that is worth anything who knows

This will be her last chance to sort things out before I get nasty.
I am not going to stand by and watch some friend take my g/f for a ****ing ride. I appreciate some of the comments on here about walking away from this, but sorry, it is just bang out order and it needs to be sorted one way or another
Old 23 December 2008, 09:50 PM
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SwissTony
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Originally Posted by PaulC72
Swiss,

New year new start, let it go and learn from the lesson, I am afraid that if she does report no certs etc it could open a can of worms that you don't want to get involved in.

She could also report to the mortgage peopole {assuming there is one} and unless it has been let under the correct mortgage B2L then they could I imagine ask for any monies in difference to the one it is on or do something worse!

If she hasn't trashed the property then consider yourself lucky write it off and write her off too.

It's nearly Xmas after all.
The mortgage company know it is being let, so do the people who handle the estate/ground rent etc

Sorry,I know you are trying to make me see reason but this is hard to stomach
Old 23 December 2008, 09:51 PM
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Simon C
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Put it down to experiance, hope she hasn't trashed the place and write the cash off.

Lifes to short to worry.

Its an expensive lesson to learn, and you've learnt the hard way I'm afraid.
Old 23 December 2008, 10:03 PM
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Swiss.. well Zoe really... shes not a 'true' friend if she's F***ed you over, so your best off well rid anyway.
would be nice for you to get it sorted amicably, but i honestly think its past that stage now..

Old 23 December 2008, 10:03 PM
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you know, some people think i am a right arsehole when i insist on doing things by the book, but its times like this, that getting a bit of stick is the lesser of two evils.

i have been pissed about by so called mates in the past, and one of them owes me a days friggen work but the old saying

"once bitten, twice shy" should be said before going into anything like this in the future.

ps. smash her face in
Old 23 December 2008, 10:10 PM
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this will consume your life, you will not be able to think of anything else and when you look back in a few years time you will regret the stress and hassle it will cause you and your g/f for the sake of £650 (i know it's a lot of cash, but not worth it in the long run). and as angry as this makes you both feel, you will be better off taking a deep breath, think what a scumbag so called friend this was, and look forward rather than back. whatever you do, good luck with it.
Old 23 December 2008, 11:26 PM
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Petem95
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Tend to agree you should just cut your losses and move on. It's annoying, but £650 isnt the end of the world and what are the chances of her being able to pay-up soon even if she initially agreed?

You might get a few quid off her, and you'll be chasing it up for ages just for a few extra pounds each time.

i guess the other option would be threaten legal action - maybe get a soliciters letter sent, and try and get her to pay a bit each week.
Old 23 December 2008, 11:41 PM
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EAndy
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This is the problem with helping friends out in this manner it can cause rifts and issues more so knowing you went out your way to help and how does she repay you? (well she didn't)

I'd probably leave it and advertise something like a Pub Pool table in the Free-Ads as free to collect and her mobile number just to be spiteful so her phone keeps ringing 24/7.

I don't think it comes down to putting it down to experience, what can be learned? don't trust friends? I think it's just one of lifes factors that she's decided even though you've tried to assist her with things that money is more important than friendship.

That said I think the reasonable approach might work, last thing you want to do but maybe offer her some aid in you want £500 back at say £100 for the next 5 months and try and get an agreeement signed? £500 is better than nothing I guess
Old 23 December 2008, 11:41 PM
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Tough call.

I suppose you could try posting a 'really funny' sexist or racist image from the internet.


It might not have the same impact though... my advice... move on....
Old 23 December 2008, 11:52 PM
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zoe/chris

What a lovely 'friend'.. I don't know what to say other than what people have already said.

The council were subsidising part of her rent, right? Perhaps you should make a call to them and explain how she has done the dirty -they probably wont be to willing to help her again. I know it won't really help you, but might help stop her doing the same to someone else


If you need a evil tempered red head to help stick the boot in, you know where I am

It's not worth not eating over and making yourself poorly,Z. You've got christmas ..relax and enjoy the holiday
Old 24 December 2008, 08:06 AM
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Single mum with financial problems - and where do you suppose she's going to find the money that's owed?
I wouldn't waste the petrol money going to talk to her - put it down to experience and move on.
Old 24 December 2008, 08:15 AM
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I think your lady has had a cheap escape and is so lucky. Nowadays renting property is a nightmare, especially to DHS people, hence why many people dont actually aim for these types of people.

Like you, my g/f moved in with me and we rented her old house out, but rented out each room. This means I can go in at any time, easier to throw people out, etc etc. ( Ive had to remove a coupe of tennants )

Like the chaps above have mentioned, take the loss and see it as a lession. Many of my friends rent flats / houses and one in every 4 pi55 you around, cause problems, dont pay.

So, instead of looking back, look forward. Get the property gas inspected and get the certificate, ensure the property is safe / legal, and start using a contract.

For me, I rented out each room to lodgers, so look at possibly doing that. however, you then have issues with new laws regarding 3 different people in a property, etc etc, but there are ways around that too.

SBK
Old 24 December 2008, 09:22 AM
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Rule No 1.
There are no friends in business..

I'd certainly be thinking "well that's one less "friend" to worry about"

£648 owed, but you kept the deposit...
Not a massive amount to get worked up about over Christmas.
Learn from it, have all the necessary inspections / certs done for next time so you can't be caught out again.
Certainly wouldn't want every tennant doing that or you would be wondering why you bother very soon indeed.
You "could" cause her a load of hassle by taking her to court over it and it WOULD cost you more than she owes, you have to balance out the worthiness of doing that and "getting what you are owed"

I think I'd be.. "well done bitch, you got me this time, but now ***k off, I don't want to see you ever again"
Oh and Merry Christmas.
Old 24 December 2008, 09:28 AM
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Originally Posted by little-ginge
zoe/chris

What a lovely 'friend'.. I don't know what to say other than what people have already said.

The council were subsidising part of her rent, right? Perhaps you should make a call to them and explain how she has done the dirty -they probably wont be to willing to help her again. I know it won't really help you, but might help stop her doing the same to someone else


If you need a evil tempered red head to help stick the boot in, you know where I am

It's not worth not eating over and making yourself poorly,Z. You've got christmas ..relax and enjoy the holiday
I'm with Anna on this

Think 'karma'
Old 24 December 2008, 09:48 AM
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An awful situation, but....

Taking her to court will be a waste of your time and money, if and when they find in your favour, she'll plead poverty and make an arrangement to pay back £1 a week.

TBH, your girlfriend is on very shaky ground - letting out a property without the proper safety inspections, modifications if needed ( fire doors etc... ) could cost her a lot more than she is owed in fines if the 'friend' decided to get vindictive and report her. ( I did think the council had to inspect any properties and check all the certificates before they could pay out housing benefit if it wasnt to an already registered landlord, but this may be different for different counties ).

Because of the relatively small amount of money involved, I would write it off and learn from the experience for next time - no sense throwing good money after bad, or getting stressed out over something you cant realistically do anything about.
Old 24 December 2008, 09:57 AM
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Ever heard of the saying "If you lend someone £20 and never hear from them again, it was probably worth it"?

Seriously: don't do anything rash, take time to chill out over Christmas, and if you want some legal advice then let me know, I might be able to point you in the right direction.
Old 24 December 2008, 10:28 AM
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MrsC_772 here.

Zoe mentioned the contract was signed about 18 months ago. New rules requiring landlords to use tenancy deposit protection schemes came into force 6 April 2007. If a landlord doesn't use one of these schemes, the tenant can take them to court and the court can order the landlord to pay the tenant 3 times the amount of the deposit.

If Zoe didn't sign up to one of these schemes, bear that in mind in considering whether it's worth bringing a claim in the county court for the unpaid rent. See e.g. Landlords and letting agents: Tenancy deposit scheme : Directgov - Tenancy Deposit or Common problems with tenancies (which is a Citizens Advice Bureau info site).

If the tenant wanted to kick up a stink over the gas safety certificate, this could even lead to criminal prosecution by the HSE in the magistrates courts. See Gas safety frequently asked questions
Old 24 December 2008, 10:32 AM
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Like a cheap hooker you might just have to swallow this one.

Feel lucky that you can keep the deposit, This is unlikely to get into any court for either party.
Phone an agent TODAY get it back on the rental market, open a bottle of wine and enjoy Christmas.
Old 24 December 2008, 10:44 AM
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Does anyone know of all these rules apply to Northern Ireland as well, as my Landlord is screwing me over and i KNOW for a fact that my boiler hasn't been serviced in over 5 years AND all repair work done to the house has been done cheaply and badly leaving the house wrecked which she is trying to blame on my living conditions?


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