Who's Fault is this Landlord OR Tenant

[dynamiq]

Hi,

I had a tenant in my residential property on 3rd of December and the tenancy was granted for a term of one month, and to pay two weeks deposit and two weeks rent in advance. After one day I left for my holidays and the tenant moved in on 5th December without paying any deposit and just a minimal rent to a person looking after my property.


As I was abroad the person who was looking after the property gave an assured Shorthold agreement (marking on the contract, only for one month). I came back from abroad and asked the tenant to give me deposit and rent but the tenant never gave me any rent or deposit and said that they will move out on the date specified on the contract.

After one month 4th Jan the tenant moved out without paying me any money and I started chasing them for rent. After few days there was a foul smell coming out of the tenants room and on inspection, I releazed that the tenant left rotten food, dirty cloths and loads of junk inside the room. I again chased and asked them to remove their stuff as soon as possible. I called Police but no joy saying that this is a CIVIL matter.

Now After few weeks, I recieved a letter from Solicitor that there will be an injunction application hearing on Monday. I did not go to that injuction thinking that the tenant is making an application against me and I only recieved that letter on friday (48 hrs). Now the tenant is asking for 5000.00+ in damages and the got an injunction on illegal eviction that I have changed the locks.

I have never changed any locks and I always chased the tenant to come and collect the rubbish left behind.

I have to file the defence and the Solicitors are asking for 5- 15K for the case and I do not have any money. The tenant is on legal aid and cannot ask for legal costs.

I don't know who to blame as I am working 9-5 and some one is sueing me from my tax money for nothing.

Can some help me !!

[MrShed]

Why on earth did you not go to the injunction????

I suppose the question to ask that has not yet been answered is what is the current status? Is he now pursuing you via the courts for damages? In which case, which court? Small claims, or other(presumably other if it is upwards of 5k)?

The other question is the matter of illegal eviction. You obviously say illegal eviction did not take place, but this is in fact by the by. You need to ensure you collect as much evidence as possible NOW to ensure you can PROVE you did not in fact illegally evict the tenant. When they moved out, did the tenant return the keys? Was there a witness to this?

A lot of your other information is superfluous, but as a point of note:

- The 1 month AST does not mean the tenant can be evicted after one month - there is a 6 month security of tenure. Within this period of time, the tenancy can only end by the tenant willingly vacating - as apparently happened.
- The deposit question etc really is superfluous, but the person looking after the property should have made 100% positive they received the agreed monies before granting access to the property.



*BIG EDIT* Just re-read your post. Is this YOUR residence???? And you in fact let a ROOM out to him only?

[dynamiq]

Thanks for the quick response.
Yes this is my main residence and I did some silly mistakes. The injunction has been granted and they are asking for 5K in damages. I have collected my evidence that the locks have never been changed. Now I have asked Solicitors and they are asking for 5-10K to fight this case and I will not be able to get any money back because of them on legal aid.
Now I am in an awkward position. I will lose money whether I fight or sit relax.

What is your opinion.

[Conniff]

Have you got 'full' details of the claim? This is your right so that you may defend/counter claim.
If everything you have posted is correct then they have obviously lied to their solicitor and you need to take each claim point one at a time and gather some evidence to discredit that claim.

[MrShed]

They are a lodger not a tenant, and as such it will be nigh on impossible to successfully prosecute you for unlawful eviction. I will post in more details on my return from work.

[dynamiq]

Well today I have instructed my Solicitor and He is dealing with all the legal stuff now. because I think i am not very good in these things. Now the tenant came today and took all the belonging in a van with giving me any notice or keys. I did not confront them at all and let them have a peace full life in the property. I don't know whether they are playing tricks on me or what?