Short term tennant leaves v early - what are my rights?? HELP!!

papadak · 28th January 2007, 20:00

Hi,

This is 1st post so please be gentle with me ...

We rented out a room in our house to someone for 8 weeks. The company they worked for paid their rent in full. After 2 days, yes 2 days they disappreared without trace, leaving the key in our letterbox and leaving us wondering what had happened. 3 months later we receive a letter requesting 7 of the 8 weeks rent back. We have refused ... are we right in doing this and do we have any rights etc??

blacksheep1979 · 28th January 2007, 20:20

Did you have a contract?

If yes, who signed it?

If yes, were there any clauses regarding leaving earlier and what length was the contract term for?

How did the company pay and did you give a receipt?

papadak · 28th January 2007, 20:26

Hi,

There was no contract. The tennant was attending a course with 30 others. Each person arranges their own living arrangements. All details were agreed by email and telephone correspondence. The length of stay (from and to) was of course pre-arranged.

The company paid by cheque and I provided a receipt.

papadak · 28th January 2007, 20:28

Also there were no clauses re early leaving and the period of time was pre-agreed for 8 weeks. (i.e. a from & to date)

electron99 · 29th January 2007, 15:08

My own view is that you don't have to refund anything.No adequate notice was given, and you could argue that you had to keep the room available in case the tenant returned.The fact that he chose not to use it is not your problem.

demon_x_slash · 29th January 2007, 15:27

Did you attempt to contact the company involved to see where your tenant had gone? Did the company attempt to contact you before now? How far into the agreement are you - how many weeks were left before the company contacted you?

In 'normal' tenancy situations, the tenant is liable for any rent due for the duration of the tenancy, no matter where they are or what they're doing. By not even notifying you that they were breaking the agreement, you were unable to recover any of your losses by re-renting the property/room, and so the money remains yours - if the company/tenant had contacted you, you may have been able to arrange something, either by their arranging for another tenant (their responsibility if they break the contract), or by compensating you if this was not possible.

That is, as I said, how it works with 'normal' tenancy agreements - lodgers (living with landlord) have even less rights than tenants (living in seperate property), so I am unsure as to how far this goes with regards to contract law...

blacksheep1979 · 29th January 2007, 15:36

Yup, tell them to take a running jump - they're just trying it on. If the tennant hasn't told you he's leaving then as deomonx says you have to keep the room for him. Its kind of like me moving out of my flat, not canceling the standing order and in a years time asking for the rent back - totally unreasonable.

papadak · 29th January 2007, 16:18

Thank you to those that have responded so far, very very grateful for this!

A bit more history to this situation:

Twice a year my wife & i rent out our spare room to professional medical people .. Doctors/ top physios etc. These people come from all the UK & Europe to attend an advanced course in their chosen field at this 'school of excellence'. The centre provides the 'students' with a listing of accomodation of which we are on that list. Each time the courses come around we always receive a lot of calls/emails (we have been doing this for 5 years and each time have received commendation each and every time. We always make sure that all their needs are provided for + desk, lighting, tv & internet use) In this particular instance we accepted this person over 3 others and everything went smoothly. As i've already stated their company paid for their stay in full (from 25th Sept - 17th Nov). They arrived a day early on the 24th, i even picked them up from the train station (1 hour round trip) Every courtesy as usual was offered and then on the 26th Sept (Tues) they disappeared without trace, leaving the door key in our letterbox. However the hallway was marked with what looked like suitcase streaks. I have since found out that they completed the course, so therefore must have stayed somewhere (their home is overseas) My thinking is they are trying to re-coup their other accomodation costings!

I have received a written claim for 7 of the 8 weeks. Giving us 14 days to produce a Bankers Draft before action!

Thanks for reading this.

blacksheep1979 · 29th January 2007, 17:19

let them take you to court - but first point out that you received no notice of termination so didn't know if the person was going to return or not and so had no chance to try recover any potential rent. Also point out you turned down other prospective tennants for this one so are definately out of pocket if you return the money. Finally suggest that maybe they should seek the refund from the tennant as it is them that has caused all the problems.

papadak · 29th January 2007, 17:28

Quote:

Originally Posted by blacksheep1979

let them take you to court - but first point out that you received no notice of termination so didn't know if the person was going to return or not and so had no chance to try recover any potential rent. Also point out you turned down other prospective tennants for this one so are definately out of pocket if you return the money. Finally suggest that maybe they should seek the refund from the tennant as it is them that has caused all the problems.

Hi Blacksheep1979,

Thank you for your message

The person wanting to sue us is actually the Tenant, not the Company (who paid their rent in full at the start, i.e. before the tenant's arrival). The company appear not to be in the loop here. My thinking is the tenant is trying to re-coup their own actual outlay for accomodation found elsewhere. As I understand it from the Medical School they did complete the course, therefore they must have lived somewhere. I'm actually thinking of counter-suing here?

papadak · 29th January 2007, 17:30

The last time we heard from this person was on the 25th Sept, the night before they vanished. The next time of course was via a registered letter demanding monies before action!

papadak · 29th January 2007, 17:33

The letter demanding monies was received on 22nd Jan 2007 ... nearly 4 months later!

MrShed · 29th January 2007, 23:52

Be aware, this situation is not (IMHO) as cut and dry as posters above suggest. It is probable that the court would take the returned key as the return of possession of the room. No written notice of termination is required from a normal tenant, never mind a lodger(who has zero security of tenure). A lodger needs give no notice at all that he is moving out. This is compounded by the fact that you have no written contract, only a parol(oral) one. If the judge is satisfied that such a parol contract for 8 weeks existed, then you will be entitled to the financial loss to you for breaking that contract, but NOT for the entire amount of the rent.

My opinion: they probably are just trying it on, and I would personally wait until they sue you. But be prepared for the possibility that you may well lose in court.

*EDIT* just read that it was the company that paid, this should mean that he has no claim. However, do not count on it. It depends how it is looked upon by the courts, who is seen as the "tenant"(company or the tenant). However, it does put you in a stronger position.

half ax I · 30th January 2007, 02:17

Looks to me that the only entity that could ask for repayment is that which made the payment, ie the company. The contract (in whatever form it took) was with the company. You offered the room for a period of time and they paid for it. A contract existed in that an offer was made and was accepted and a consideration (payment) made with a legal intention for OP to deliver a room for a stated period. The person who used the room is not actually party to the contract and has no rights to ask you to repay them something they haven't paid you for.

IANAL - Just my thoughts.

blacksheep1979 · 30th January 2007, 02:39

mrshed - the op seems to imply that they had an agreement via email for an 8 week let.

demon_x_slash · 30th January 2007, 08:04

And they were on a list of people who had done this before, it seems to be a regular setup; and as blacksheep says, the intent to form a contract was obvious (emails), and their previous experience as 8 week let 'landlords' strengthens their case that a contract was also formed this time for this tenant.

Good point halfax - if the company paid you, papadak, there is no way any refund in any shape or form can go directly to the tenant in any case, as it's not the tenant's money.

MrShed · 30th January 2007, 08:23

If the tenant can prove that they reimbursed the company for the rent, then yes the tenant could sue. If the email details were with the tenant rather than the company, then this would be even more the case. BS, I did not read the bit about the emails. Regardless, I stand by the point that the existence of such a contract does not entitle the poster to the full 8 weeks rent, merely the rent for the time he was resident and any extra (provable) financial loss due him leaving early.

Who made the arrangements via email OP? The tenant or the company?

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