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Complex case as Landlord. Any advise please is welcome!

Started by PA, December 27, 2013, 05:02:32 PM

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PA

Hi there!
Well, I am a new Landlord, and had bad luck. Could tell story from begin were agency did not allow meeting with tenant and bla bla, poor alcoholic addict fella but well, let's go to the situation now:

Basically I had a guy which is nice when he does not drink (probably only two hours every other day) and he seriously damaged my nice flat in east London  :'(

So, bit of background: he is english but lived in US until wife kicked him off, he is 50 something, he came back to spend last years here. All family (mother, sister, wife, adult daughter) are in US, accepting this guy wants to drink till his end comes. Sad really, so last May I found him half dead in my flat: with all furniture destroyed, painting all rooms damaged, bathroom damaged, laminate flooring damaged, electrics damaged, all door hobs ripped off, feces, urine vomit all over, well, disgusting...

So, I call ambulance, etc etc. No family  in UK, became his next of kin in hospital, working 14 days in helping him and assisting him. With a witness -a person who cleans for me- he agreed VERBALLY to pay for anything necessary for my time taken for help. This meeting after coming out of hospital but without paper signed about my "services" that I provided: I did shopping, drove him to places, etc etc.

I felt sympathetic and I SERVED a notice on him giving him the choice: OR either you quit to my property and leave OR we go to enter into a new agreement because you need often cleaning and nursing or doctor's services, at least 2 or 3 times a week, I will change the tenancy contract then into a licence (permission to occupy only) agreement so I will have a close look at my property and also how you doing  (yes I know, crazy) so I will decide if cleaning, nursing or doctors are required and call them for you. And you can contact me 24/7 if any happens or you need anything. But all this as part of a new agreement: if he agreed also rent will be raised a third for such extra attention (that extra third for my attention and my time, cleaning or doctors will have to be paid apart when necessary I said). I said this as second choice, because my first advise was you need to be where you can be take care of, family in US OR proper place with doctors, But he insisted in being on his own and that he loved my place. Therefore, my change of contracts and offer solution suggestion.

This conversation, with a witness, and he sober at the time. As he liked my flat and want to stay in London, he thought an hour later agreed and signed, all witnessed.

NOW, sister from US called and said she did no acept the agreement (?) but she did not have power of attorney and he appreciated my help. I said please return the keys, and let me know when Mr M things will be removed. that happened a month later after out of Detox clinic.


So, they did not have problem in leaving Deposit he signed, I accepted but I said a final statement will be produced.

SUMMARY:

Returning the flat to the previous good condition was 4600 pounds. My 14 days half day driving, helping, hospitals, doing things for the guy I calculated as 1800 as I had to cancel work and the guy called any time day or night (reminder only a verbal agreement on this).

Works in the flat were done providing previously estimates by known contractors (I don't ask for receipts to not pay the VAT on top).

Total to be paid: 6400 pounds.

Mr M family has money by the way, they are not poor or anything like that, just to mention.


They left deposit (1700) and give me 1900 on top and said that's enough to cover everything.

Total paid: 3600.

In my mind -but who knows if I am being fair with the whole picture, because I look for next tenants with furniture, my time claimed plus repairs, I said you are short 2800. What I meant is: repairs can be proved, but not all furniture (600 pounds mattress wasted, table chairs, drawers, etc) or my time.

END:
I threat with legal action, he said, sure, feel free. He asked for receipts, I did not respond to that because I have the estimates previous the work done but did not ask for receipts afterwards, cause contractors asked for more money if VAT in receipts. I am happy to track contractors for Court proceedings if necessary. Are they necessary? Even though I know should be ideal produce receipts now, is the statement given to this ex-tenant with repairs and my time enough? Is by UK law o give tenant receipts straight away or is necessary for Judge in Court? I thought billing him will be enough.

What do you think guys? I am new on this. Any ideas? I know I have two options: either go for a claim ot just let all go, as he does not want anymore contact. Still I think my time worth something and the furniture damaged, even though I could say his money received already covered all flat works. Mr M does not want anymore contact as he considers the matter settled. 

I really appreciate any help and opinion.
HNY for everyone.
 
PA

Riptide

If you chase him for the money 'owed' court would be the best route.  What chances based on the evidence and agreement that you had in place with him do you think a judge would agree with you?  I'm thinking not a lot.  Bin him off, move on and find a decent tenant.  I take it you're not a registered charity? If not treat this as a business and not a charity.

PA

Thank you for your response. Yeah, I'm not a charity. Still I think is unfair if he walks away because the time and stress I put in the whole situation, but u r right. Still will call NLA 2 c if I get bit more Info about taking someone to Court, etc. I really appreciate your input. Best wishes for 2014! Any other opinion anyone? I will sublet some room in my own house, so I believe I will be around here for a while, as I am new into this. Best for all.

boboff

Given in the real world your £1000 out of pocket, leave it.

Learn the lesson, the good Samaritan will ALWAYS get F'd over

As a passing shot I would get on the phone to the one who paid, tell them it's not going to court but you feel really sad that you "friend" has let you down so badly, and your family life has suffered as a result.

Yep, I plead  the bleeding heart case, in my opinion it is more effective that court, takes up less time, and stops you developing your own health issues!

That being said I think you are a saint and should be recommended for a Big Society award of somekind......

Anyway, where's my Mug gone...... :D

PA

Thanks for make me laugh. Still be considering the matter few days more and listening here if any more comments.... HNY Boboff! :D

boboff

And you. Although it is technically my Birthday, not new years Eve.

And I spelt You're as Your, I hang my head in shame.