Caravan Let - Eviction

[dave]

Yesterday, a friend of mine was forcefully evicted from a caravan that he was renting.

 

He'd been there one night.

 

He'd had 2 friends around as they had helped him move in, they had a few drinks into the evening and around 10pm a couple from another caravan came around and asked them to turn the music down - he apologised for it being loud (he swears it wasn't very loud at all, and I believe him as he is usually a very caring and responsible person) and then turned it off. Not down, off.

 

He was at my place the next morning when he recieved a phone call on his mobile from the landlady, I don't know what was said, but she was clearly shouting as I could hear her. Then his battery died.

 

He then said to me that he was going to drive down there and see what the fuss was all about, and would I go with him. I did of course.

 

When we got there, the landlady was throwing his stuff out of the caravan and onto the grass outside. She was not, IMO, of sound mind at this point and even in between her screaming and shouting and swearing she was making little sense.

 

Her husband instantly started threatening me the moment I got out of the car, despite his never having met me, or indeed, knowing who I was or why I was there.

 

His 16 year old daughter was waiting in the caravan until the landlady arrived and threw her out. When we arrived she was sitting by the side of the road, shaking visibly.

 

The landlady was screaming about the caravan smelling of smoke (I couldn't smell it when I entered the caravan) and how it was illegal to smoke in rented accomodation.

 

The problem is that now she is insisting that the caravan be 'fumigated' and that he will not get his 500 quid deposit back.

 

He was there one night, and he admits that maybe the music was a little louder than he thought it was and was prepared to apologise again to the couple that complained and even buy them a gift to say sorry.

 

He had moved in while waiting for his copy of the tenancy agreement - so he obviously doesn't have a copy.

 

Is she within her rights to do this? It does seem rather extreme.

 

What recourse has he (if any) to get his 500 quid deposit back?

[Bookworm]

It's not "illegal" to smoke in rented accomodation, for starters. It may not be allowed if the contract says so, but it's not illegal:

Pembrokeshire CC Pembrokeshire County Council, Frequently Asked Questions

Holiday homes, caravans, chalets or other forms of private rental accommodation will be treated as private residencies and are not made smoke-free by the legislation.

 

I think that lady is confusing things with #16 (same link), and designated smoke-free areas.

 

In any event, no, she can't just keep the £500, she would have to provide an invoice showing how much it cost to get the room ventilated and what not, but I don't think she can do that anyway. Were there any non-smoking signs in the caravan?

 

Well, you know what to do, Dave, don't you? If they refuse to give him back his deposit, go after them... ;-)

[callumsgran]

He could also claim 3 times the deposit if she hasnt put it in a DPS (and she wont have had chance) so thats another string to his bow

[dave]

Hi, thanks for that. It's pretty much what I thought. She hadn't mentioned no smoking to him, yet it was appararently a breach of the tenancy agreement which he was waiting for a copy of.

 

What's a DPS by the way?

[JonCris]

DPS (Deposit Protection Scheme) or Service

 

http://www.depositprotection.com/Public/FAQs.aspx?bhjs=1&fla=1

[dave]

Ahh - thanks for that.

[JonCris]

Forgot to ask, where is the guy? if Scotland the new rules don't apply as I think they have their own scheme

[dave]

Nope, he's about as far away from Scotland as you can get but still be in the UK.

[callumsgran]

You're welcome

 

 

 

 

Is he at Lands End then?

[dave]

Nearly! Just along a bit - if he went any more South, he'd get very wet.