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To think this is unacceptable behaviour

(23 Posts)
SnapesPlaything Thu 14-Jul-11 21:08:18

I have a friend who can be difficult in many ways but has surpassed herself this time, loking for advice on what to do about situtation.

My DP was living in a terrible room in a shared house for quite a while not being able to afford to live anywhere else. My 'friend' P also wanted to move out of her shared house since she had fallen out with her flatmates. She offered the room to my DP and he accepted.

She had paid three months rent in advance from the time she was supposed to move out, there was six months left on the tenency, she said he could pay the last three months but as she had already paid for the first three months that was fine.

She did not actually move out when she said she would, she wasn't staying there there but had left all her crap stuff in the room. The room was quite disgusting and my DP had to clean it before he could stay in there.

She (and her parents) are now threatening to take my DP to court over the first three months rent and the deposit. My DP has never had anything to do with the deposit and we have a record of her saying he would only have to pay for the last three months.

WWBU to send a letter to her parents detailing why my DP is not liable and mention the fact that we had to remove illegal drugs from the room?

afussyphase Thu 14-Jul-11 21:32:49

Sounds like YANBU, maybe she told her parents a different story than she told your DP and they don't know. What if you mentioned to her that you have the record and would be able to show it to the parents and/or speak to them?

squeakytoy Thu 14-Jul-11 21:34:58

What do the other people in the shared house say about this?

Tchootnika Thu 14-Jul-11 21:38:17

YANBU re. detailing/evidencing that the original arrangement was very different from what 'friend' is now claiming.
I'd tread carefully re. info about drugs (or anything else that's not directly relevant to core issue of rent) though, as surely you just want to end the matter ASAP, rather than be seen to be - or actually - caught up in messy ongoing tit-for-tat, or actually clouds the central issue.

DogsBestFriend Thu 14-Jul-11 21:39:30

Damn right you wouldn't!

How old is this friend that she needs her parents to act for her? Pathetic!

However if you write you might inflame the situation - it may be better to ignore and see if they are going to risk their court fees and being laughed at before acting.

Keep all evidence of course, see if you can get some sort of witness statements and photos if at all possible, and sit tight, would be my advice.

WhoAteMySnickers Thu 14-Jul-11 21:41:06

I wouldn't bother conversing with them at all. If you have proof that your friend told your DH that he would only have to pay the final 3 months rent then you have nothing to worry about.

It sounds a bit dodgy though. Was the LL ok with it all?

DogsBestFriend Thu 14-Jul-11 21:41:51

Hang on... if "friend" was the original tenant then surely she wouldn't be allowed to transfer the tenancy to anyone else without her landlord's written permission. Did she obtain that?

If she didn't then she is in a very dodgy position.

glassescase Thu 14-Jul-11 21:42:08

If he was in the room for six months, should he not pay for six? I assume they are students, so the parents may be doing the paying. If the friend has to find somewhere else, they will be paying twice, Maybe she was pressured by them to get him to pay.

SnapesPlaything Thu 14-Jul-11 21:42:18

My friend is 22/23

Not too sure about what other people in the shared house say, there was a big falling out which is why P moved and no one really communicates that much.

The only record we have is a fb message which we have screenshotted.

DogsBestFriend Thu 14-Jul-11 21:42:27

Snap, Snickers!

SnapesPlaything Thu 14-Jul-11 21:43:50

Also there was a meeting with the landlord and it was all above board, I think the tenancy was transferred.

SnapesPlaything Thu 14-Jul-11 21:45:35

glassescase Even if that is the case why should he pay when the only reason he took the place was becasue he would'nt have to. You can't go back on a contract surely?

DogsBestFriend Thu 14-Jul-11 21:50:17

If the tenancy was transferred all above board then the LL would have known that it was for the last 3 months and that your DP was responsible only for those last 3 unpaid rent terms.

He would also have known that any deposit that had been paid by the friend was a matter between themselves and unless he asked DP for a deposit as well, this has no relevance to your partner and the contract between them. I can't see that friend has a leg to stand on and think they're trying it on tbh.

LRDTheFeministNutcase Thu 14-Jul-11 21:51:10

I'm a bit confused in general. But can you explain about the deposit? I'm guessing there's an issue because the tenants aren't getting all of it back? Surely if that is the case your DP should chip in, unless it is very clear that the damage the deposit was used to pay for was nothing to do with him.

TBA, the fact he had 'nothing to do' with the deposit suggests he got a rather good deal on this - he should be a bit grateful for that if not for the messy room.

SnapesPlaything Thu 14-Jul-11 22:03:38

I assume the deposit is sorted out between the LL and the lead tenant who then reimburses everyone else. (another housemate) I know she owes him a lot of money as well so they may be having thier own disputes. She would have lost her deposit from the state of that room so DP actually saved her money by cleaning it. It was full of her stuff as well as mouldy food, ciggie butts and mouldy weed confused

I think you would be right that he got a good deal except for the fact that she did not move her stuff out of the room for 4 months after he moved in (including one of the months he paid for) and has now given him a huge amount of grief.

glassescase Thu 14-Jul-11 22:08:32

My son and three friends rented a house in London, but the fourth one decided not to move in as her room was small- she had agreed to have the smallest room and pay less rent than the others. As they were "jointly and severally liable", the other three had to pay her rent until they could find someone else. That was an extra £150 a month on top of the £500 we were already paying. I was very angry indeed with that girl.

Kladdkaka Thu 14-Jul-11 22:19:53

Worst case senario, she takes him to the court. In the civil court, as the claimant, the burden of proof is on her. She would have to prove to the court that she had an agreement with him that he would pay the money.

LRDTheFeministNutcase Thu 14-Jul-11 22:24:44

Darn, that was the only thing I could think of ... sounds as if she is trying it on big time. sad

Lucyinthepie Thu 14-Jul-11 23:52:54

I wouldn't engage with them at all. I'd just hang on to any evidence, maybe keep contact details of other tenants if they could be of help if needed. Tell them to take him to court.
It sounds as if any tenancy agreement would have been nothing to do with your DP, so she's going to have a hell of a job trying to prove he owes her anything. He may even have done her a favour, she may have been obliged to pay all 6 months, depends on the agreement.

glassescase Thu 14-Jul-11 23:58:08

I think the fact that the tenancy was transferred is important, You need details of what that involves.

glassescase Thu 14-Jul-11 23:59:02

Also, is it her share of the deposit she wants back?

Shtiv Fri 15-Jul-11 02:29:39

You are being very unreasonable.

she sounds like an utter chancer - I'm amazed her parents are involving themselves but no doubt she has spun them a line, making it look like she is the hard-done-by one.

I think YWNBU, although mentioning the weed was probably a little petty and unnecessary.

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