Roy138
27-03-2008, 10:47 AM
In 2004 my daughter was at Sussex University. During this time my wife and I decided to purchase a house for her and three friends to live in while she completed her studies. The completion of purchase on the house being in June 2004 and was then ready for rent, fully furnished.
Formal Assured Short-hold Tenancy Agreements were made and the three friends were required to pay £270 each per month, plus an advance deposit of £270 each. The three friends moved into the property on 1st July 2004 and they also signed an inventory for the furniture.
From July to August 2004 I had some improvements to the property carried out and my daughter moved in during September 2004. Late in August 2004, one of the friends decided not to return to university and asked if it was permissible to stay as a tenant. I said that provided the rent was paid I had no objection. I also reminded him that there would be an obligation under the tenancy agreement to pay for the council tax, as he was no longer a student and exempt from this.
In May 2005 this friend decided that he couldn't or wouldn't pay the council tax any longer. I did not acquiesce to this and always made it clear that if we were to pay the remainder, it would be in the form of a loan. My wife then asked the council to send the bill to her, stating that she would take the matter up with the tenant. The tax bill was £118 and he was informed that the matter was defered and the money would be deducted from his deposit when he finally left.
In July 2005, he made a proposal to remove the double divan bed from one of the bedrooms and replace it with his own. Because this did not meet with fire regulations we turned down this request with a formal letter handed to him. He ignored this and removed the bed, storing it in unsuitable conditions.
In the final year of his tenancy he repeatedly, month after month, fell behind with his rent mostly 10 to 14 days late in payment. He disappeared in June last year owing £56 for gas/electric. He also left a large amount of rubbish and some personal belongings, which I had to pay for the removal of.
Some weeks later I received an email via a third party where he asked for his deposit back, which was to be sent to his parent’s home. I know that he still lives and works in Brighton but not where, so I wrote to him in September 2007, at his parents house explaining that he wouldn't be getting his full deposit back because of the outstanding £118 for the council tax, £56 for the gas/electric bill and a charge for the removal of rubbish plus the removal of personal belongings. I also explained that the bed which he removed was ruined.
I never received a reply from my letter to him of September 2007 and I therefore considered the matter closed. But I was recently surprised in receiving a summons from the small claims court for the return of the full deposit plus costs. In consideration to this, I did not receive a letter before action.
What chances have I got in court, we've already used the court mediation service and this has failed.
Formal Assured Short-hold Tenancy Agreements were made and the three friends were required to pay £270 each per month, plus an advance deposit of £270 each. The three friends moved into the property on 1st July 2004 and they also signed an inventory for the furniture.
From July to August 2004 I had some improvements to the property carried out and my daughter moved in during September 2004. Late in August 2004, one of the friends decided not to return to university and asked if it was permissible to stay as a tenant. I said that provided the rent was paid I had no objection. I also reminded him that there would be an obligation under the tenancy agreement to pay for the council tax, as he was no longer a student and exempt from this.
In May 2005 this friend decided that he couldn't or wouldn't pay the council tax any longer. I did not acquiesce to this and always made it clear that if we were to pay the remainder, it would be in the form of a loan. My wife then asked the council to send the bill to her, stating that she would take the matter up with the tenant. The tax bill was £118 and he was informed that the matter was defered and the money would be deducted from his deposit when he finally left.
In July 2005, he made a proposal to remove the double divan bed from one of the bedrooms and replace it with his own. Because this did not meet with fire regulations we turned down this request with a formal letter handed to him. He ignored this and removed the bed, storing it in unsuitable conditions.
In the final year of his tenancy he repeatedly, month after month, fell behind with his rent mostly 10 to 14 days late in payment. He disappeared in June last year owing £56 for gas/electric. He also left a large amount of rubbish and some personal belongings, which I had to pay for the removal of.
Some weeks later I received an email via a third party where he asked for his deposit back, which was to be sent to his parent’s home. I know that he still lives and works in Brighton but not where, so I wrote to him in September 2007, at his parents house explaining that he wouldn't be getting his full deposit back because of the outstanding £118 for the council tax, £56 for the gas/electric bill and a charge for the removal of rubbish plus the removal of personal belongings. I also explained that the bed which he removed was ruined.
I never received a reply from my letter to him of September 2007 and I therefore considered the matter closed. But I was recently surprised in receiving a summons from the small claims court for the return of the full deposit plus costs. In consideration to this, I did not receive a letter before action.
What chances have I got in court, we've already used the court mediation service and this has failed.