GR1977 said: Posted on: 01/11/2015 19:54
Hello, I am not a professional landlord and this will became evident as you read further!
1/10/14 - 2 men move in (X&Y), sign joint tenancy agreement. Pay £825 deposit and £347.50 rent each monthly (total = £695).
1/4/15 - Y moves out, remaining man stays on NO written contract and pays £695 monthly. Both deposits returned in full.
During April 15 X asks his female friend (Z) to move in & she does, I am not informed immediately. Z tells me she would like to rent the property with X. I say this is fine contingent on referencing/credit check; I still am not aware of Z living in property.
April 15: I lodge Z's deposit and X's deposit with DPS all under X's name as Z does not yet have tenant start date. They are both informed of this and the prescribed information is given to them to sign.
1/5/15 I accept £347.50 from Z for rent and X's rent is reduced to £347.50.
1/5 - 1/9/15: X and Z live in property with no written contract. During this time their relationship breaks down.
1/9/15: X gives notice to quit, Z states her boyfriend wants to move in. I meet with Z and send email to X and Z stating their current arrangement will end on 2/10/15 along with details of potential deposit deductions they could remedy in the interim period. I also stated to Z that she can pay half rent during October ie £347.50 whilst she lives there alone. She thanked me for this.
2/10/15: X leaves, Z credits £347.50 (half rent) to my account (no direct debit set up).
During October Z's boyfriend moves in complete with all his furniture and personal effects. Z does not tell me this.
Mid-october I finalise deposit deduction and remaining monies are transferred back to X via the DPS.
Z goes ballistic (via text message) saying the money should not have gone to X. I attempt to speak to Z but she cuts off all contact.
I speak to X and it is explained that Z owes X a lot of money for utility bills and council tax and therefore X intends to keep the returned sum of Z's deposit (£186). X releases the money from DPS with no dispute.
30/10/15: Z sends me an email saying she is not signing a contract with her boyfriend for the following month and nor is he, they are leaving. She is threatening legal action if I do not:
1. return her full deposit (£425)
2. compensate her to the sum of £850 for not giving her half rent in October as discussed (presumably this means she wanted half of £347.50 not half of £695 despite her understanding fully that the half was half of £695 and making the payment of 347.50 voluntarily)
3. Accuses me of causing emotional trauma she has suffered. She states her verbal contract was nothing to do with X's verbal contract ie they were not in a joint tenancy. Z states that I should of protected her from X's behaviour as apparently he had an alcohol problem. Z states the property was "unsafe and insecure" as a result of his alleged alcoholism.
X remains reasonable and does not understand why Z is doing this. X stated to me that Z knew quite clearly they had a joint agreement as he had asked her to live there and explained this to her. I had also explained this to her. X will not put this in writing however...
There is an unsigned copy of the DPS's "prescribed information" in X & Z's name left in the property. This was supplied within 30 days and the deposit was lodged within 30 days.
Should I pay the £425 + £850???