private tenancy problems need urgent help

[wazbrad]

Hi all , my stepson is disabled and in a wheelchair , he recently moved in with his girlfriend in london , we live in leamington spa , he wanted to attend collage to further his education but nothing was available in warwickshire so he signed up for an it course in loughton , london where his girlfriend lives in london with her mother and stepfather .

 

Now the agreed rent for him was £25 pw .

 

He was awarded housing benefit of £133 per fortnight.

 

The gilfriends parents now know this are are askin for the full award .

 

My son has since been diagnosed with 2 more tumors and wants to be with us for support and care .

 

The girlfriends parents have requested he pay over £700 in back rent because they are now out of work and have changed the verbal agreement .

 

They also have a lcd tv of his which they say will not be released untill this is settled , the tv is not paid for ,,out of my wifes catalogue .

 

No written agreement was signed for the rent .

 

Please what are his options ?

 

Do you know of any solicitors who may be able to help him ,,legal aid ..

 

thanks all ...warren

[rebel11]

Hi waz

 

The guys will be happy to advise as soon as they are available.

 

Heres some info:- http://www.legislation.gov.uk/ukpga/1977/32/contents

1 Definition of “wrongful interference with goods”

In this Act “ wrongful interference” , or “ wrongful interference with goods” , means—

(a) conversion of goods (also called trover),

(b) trespass to goods,

© negligence so far at it results in damage to goods or to an interest in goods.

(d) subject to section 2, any other tort so far as it results in damage to goods or to an interest in goods.

 

In the meantime Google this case, Cashmere v Walsh, Downing and Veale (2009)

Basically the landlord can't hold the TV against any monies owed.

 

[wazbrad]

thank you rebel11 ..

[rebel11]

Fellow Caggers will advise further as soon as they are available.

[R J Dearden]

Firstly this does fall under Assured Short-hold Tenancy rules under the Housing Act as it would appear that the Landlords are resident at the property where your son was residing. Any agreement would have to have been done under a License instead. I do not know whether these can be set up verbally. Even if they can was a fixed term agreed and were any notices to quit agreed?

 

Very difficult I would have thought for either party to prove either way and therefore personally I would ignore their demands for back rent completely. How you get the TV back I hope someone else can assist.

 

Good luck

[kezzajane]

Hi all,

 

My boyfriend has to move out of his shared room because his friend who he shared with wanted to leave and return back to his own country. My boyfriend couldn't stay as the rent was too high for him to pay by himself.

 

The problem he has is that his friend decided only 1 week ago that he was going so therefore only 1 weeks notice was given to the landlord.

 

Although, the contract does state 1 months notice, the landlord is now saying that he will only return half the deposit?????

 

I personally don't think this is right. Ok, the correct notice period wasn't given but surely he can't deduct half the deposit when it clearly doesn't state that in the contract if the correct notice period isn't given.

 

Any advice would be greatly appreciated.

 

Thanks x

[BankFodder]

Hi all,

 

My boyfriend has to move out of his shared room because his friend who he shared with wanted to leave and return back to his own country. My boyfriend couldn't stay as the rent was too high for him to pay by himself.

 

The problem he has is that his friend decided only 1 week ago that he was going so therefore only 1 weeks notice was given to the landlord.

 

Although, the contract does state 1 months notice, the landlord is now saying that he will only return half the deposit?????

 

I personally don't think this is right. Ok, the correct notice period wasn't given but surely he can't deduct half the deposit when it clearly doesn't state that in the contract if the correct notice period isn't given.

 

Any advice would be greatly appreciated.

 

Thanks x

Please would you post this in a new thread.

Thanks

[Ed999]

My comments only apply if the premises are entirely within England.

 

This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation.

 

 

You can't have a tenancy, or even a licence.

 

For a contract to be validly created, and therefore legally binding, there must be -

 

(a) an offer to reserve the property, made by the landlord;

(b) an acceptance of that offer by the tenant;

© a payment, usually of money, by the tenant;

(d) an intention to create legal relations - which is presumed to exist unless the landlord and tenant are related by blood or marriage.

 

 

In your case, you fail point (d) above. One of the potential 'tenants' - the girlfriend - is related by blood and/or marriage to the landlords, who are her parents or step-parents; in that situation there usually cannot be a valid contract in law.

 

The so-called 'debt' can't exist if the contract is invalid.

 

 

You might sue for recovery of your goods, under the 1977 Act. But you can't sue under the contract if it doesn't exist.

 

 

Torts (Interference with Goods) Act 1977:

 

Section 3. Form of judgment where goods are detained

 

(1) In proceedings for wrongful interference against a person who is in possession or in control of the goods relief may be given in accordance with this section, so far as appropriate.

 

(2) The relief is -

 

(a) an order for delivery of the goods, and for payment of any consequential damages, or

 

(b) an order for delivery of the goods, but giving the defendant the alternative of paying damages by reference to the value of the goods, together in either alternative with payment of any consequential damages, or

 

© damages.

 

 

Legal Aid will NOT be available for a claim worth less than £5,000.

 

 

In my opinion.