Please help Tenant trouble who is taking legal action

[sandown12]

Hello Im new and need your help

My Partner and I brought a bed & breakfast under it is a studio flat. We need to rent it to help pay mortgage as we havent any spare money left after this business purchase.

A 23 year old man came with his name 3 times to view we checked his references,we explained there can not be any loud music and visitors must be quiet as we are a business above with paying hoilday makers,his nan made him out to be whiter than white and he agreed to all we said.He said hes never in much and is quiet only watches Tv.

He had to move out of his place on 24th Jan he couldnt move into our studio ubtil this week as it wasnt 100% ready he gave us a sob story so we said he could move in on 30th with deposit and first weeks rent.

He turned up and shut the door in my face when I showed him to flat I said you'll need to sign the contract when my partner gets back.He said ok he gave me the deposit and weeks rent.

When my partner got home the man had already moved his stuff in and then when my partner asked hin to read and sign the contract he said he wanted to wait until his nan read it? he would be going out in 1.5 hours to see her. I unfortunatley hd to go out so signed it no witness my partner hadnt signed it.

On the front of the contract I hadnt entered any of the tenants details no name or address,on the back was just my signature.

Then there was loud music coming from the basement thud thud thud and another male voice they were swearing and shouting my children myself and my partner could hear this.The visitor left shouting see yer later mate and went.My partner went to see the man and expalined you cant move in as you were told about the music and nosie level. The man said he will go see his name and come and get his things.He had infact placed large high watt speakers on the wall and even said to my partner I thought it maybe too loud.

I came home and it had been 2 hours since he left the gas electric water and council tax is included in rental and he had left all 4 lights on and the heating full blast and he had gone out 2 hours ago.

My partner knocked on the door and he wasnt there before we entered.

I texted him as I couldnt get a reply that he needs to collect his belongings and they will be at the front door for him as he hadnt signed the contract we didnt want him squatting.

I then got an abusive phone call off his reference that we were making him homeless etc I explained why and we left it after 15 minutes of constant explaining to a stranger.

The door went and he was there I stayed out the way and he then got to swaering on his phone that we had damaged his stuff,we hadnt we placed it carefully,he said he had signed tenancy he had taken his copy and ours illegally and signed them and filled in a rent book I had given him.

I said your stuff is ok you can have your deposit nd rent when we get contracts back as I didnt want him filling in missing name and address part as he already signed without us present and no witnesses.

He then proceeded to say

''you doont want to push me I have autisum and you wont like what I can do to you fist in air and shaking I said Ill call the police then he stormed off his Grandfather then tried to start.

In the end we got the contracts back he had his stuff he signed to say this and he had deposit and rent in full back.

Today we get a letter from the law centre saying we ended his tenancy illegally? He wont pursue it to live her but he wants to claim costs for homelessness.

I talked to the person at the law centre they said as he has a rent book he is legally entilted to rent the studio and we may have to go to court and pay 3 months rent and costs? I explained everything she said he only needs a rentbook not a contract to make it legal.

We dont have any money for a solicitor or costs or £1350 rent claim,he was homeless we kindly said he can move in earlier he had to move out where he was living he didnt move out because he was moving in the studio so how can that be claimed we made him homeless.

Thankyou

[Carryon Regardless]

You have left yourself wide open for much more than a claim of £1350.

Before you speak to anyone and possibly dig a deeper hole for yourselves you need to understand much more than you do.

It may be possible here, if not too late already, to view the situation as a surrender of the tenancy as he accepted the return of deposit, but iffy.

What was the start date of tenancy as far as the rent book and AST are concerned ?

[Grampa]

First of all this is all your own making for trying to do it on the cheap without a good agent or a basic knowledge of housing law.

But we all make mistakes, yours may be expensive.

As it appears the "tenant" has some sort of legal aid/support you need to bite the bullet and take professional legal advice and though you will get a wealth of good advice on this forum you could well make the situation worst with conflicting advice and opinions.

Do not use a high street solicitor unless the specialize in property law.

I would suggest join a good landlord association such as http://www.landlordsguild.com/ and speak to Adrian who runs it.

Or contact Painsmith Solicitors who are highly recommended. http://www.painsmith.co.uk/Services

My own view for what it is worth is the same as COR as he accepted the return of his rent and deposit he surrendered the tenancy but if you put he property out he does have a good argument for illegal eviction thats why you don't want a protracted court case.

[LLAW96]

You would have to argue that there has been a surrender of the tenancy by operation of law. Beware of a damages claim under s.27 Housing Act 1988, for tresspass, breach of quiet enjoyment, wrongful interference with goods etc etc etc