Pile of stuff and pile of trouble?

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    Pile of stuff and pile of trouble?

    Please read this email trace between landlord and prospective tenant.

    The prospect had been given notice by previous landlord and asked me (as a favour) whether he could store his stuff at the new address whilst his tenancy application was being processed. I agreed and he hired a van. I attended and helped move a pile of personal items onto lounge floor. He was not given key and no agreements signed. I have returned all moneys to him as I do not wish to offer a tenancy. However I have a pile of stuff in lounge. Where do I stand legally?


    To Landlord

    Today at 14:13 deposited £400 part of rent will pay £100 Monday, please acknowledge these payments.

    Thanks

    Prospective Tenant

    Sent from my iPhone


    On 4 Jul 2014, at 11:50, To Landlord





    Hello Prospective Tenant

    As advised, please forward your bank details as follows:

    Bank Name (as it appears on your bank card)
    Branch Address
    Account Name (as it appears on your bank card)
    Account Number (as it appears on your bank card)
    Sort Code (as it appears on your bank card)

    Please deposit the sum of £500 to cover the rent from 08/07/2014 - 07/08/2014 using the bank details as follows:

    Bank : xxxx
    Account Name : Landlord
    Account Number: xxx
    Sort Code: xxx
    Payment Reference: xxx

    Please remember to bring you cheque book or bank card with you on Tuesday.

    Kind regards

    Landlord


    --------------------------------------------------------------------------------
    To: Landlord
    From: Prospective tenant
    Subject: RE: Bank Details
    Date: Thu, 3 Jul 2014 13:53:28 +0100



    Landlord,
    Thanks I have deposited £650 deposit for xxx Road as agreed last night and this morning and now i wait to give you my passport photocopy and leave to London.
    Prospective tenant

    Sent from my Windows Phone


    --------------------------------------------------------------------------------
    From: Landlord
    Sent: ‎03/‎07/‎2014 12:31
    To: Prospective Tenant
    Subject: Bank Details




    Hello Tenant

    Our bank details are:

    Bank : xxx
    Account Name : Landlord
    Account Number: xxx
    Sort Code: xxx
    Payment Reference: x

    Amount:
    Referencing fee (£150) + Deposit (£500) = £650

    Kind regards

    Landlord

    #2
    An offer of a tenancy - looks like.



    Freedom at the point of zero............

    Comment


      #3
      I thought a tenancy only commenced (without TA) after taking of rent AND occupation.

      Comment


        #4
        Any property lawyers out there with an option? Advice greatly appreciated.

        Comment


          #5
          What is the problem?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Hi, The Saint.

            Have you read the full thread?

            The issue is I (as LL) have had cold feet about a prospective tenant (with very good reason) the eve before TA was due to be signed and for him to be given keys. I've returned the deposit, credit admin fee and part first month's rent (this was short of £100 which he had agreed to transfer but didn't). Complication is that he asked a favour that he could come up from London last Saturday and leave some of his stuff in the lounge (books and other bric a brac) as he had to move out of his room last Friday. Although he was never given keys, my worry is that I may have created a tenancy already? If not, what do I do with his stuff? Does 28 days notice to collect suffice?

            Comment


              #7
              Yes, I had read the thread. I just didn't see what the issue you have right now.

              I understand that you have returned his money, but ave you told him that you won't be going ahead?
              If you have, what was his response?
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                I have told him but he doesn't accept this (keeps sending text messages). Thinks he was granted a tenancy? Wants compensation for the courier to take his stuff up from London in a van and rail fares etc. He was given an invalid S21 notice for a student room (it looks like he was licensee not an assured tenant) and has handed his last landlord back the keys and claims I've made him homeless!

                Comment


                  #9
                  It does sound like he has grounds for some compensation to me. You have caused him to incur costs by changing your mind.

                  Comment


                    #10
                    A lot hinges on what correspondence happened in regards to him moving his belongings into the property in the first place.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

                    Comment


                      #11
                      The recorded dialogue I had with him is the email thread in my first post. He asked me a favour (by telephone) and I reluctantly obliged. I drove to the property and helped unload the items. He was not given a key.

                      Comment


                        #12
                        Hmmm I struggle to see how the tenant would not at least hold an equitable lease, based on the proceedings between the two of you and how a reasonable person would understand them. This equitable lease may not be an AST but certainly some sort of monthly tenancy. I think you may well have a tenant who you should better not prevent from accessing his flat.

                        Comment


                          #13
                          Originally posted by John Duff View Post
                          The recorded dialogue I had with him is the email thread in my first post. He asked me a favour (by telephone) and I reluctantly obliged. I drove to the property and helped unload the items. He was not given a key.
                          None of this is shown in the dialogue you've quoted. Your reluctance is only known by you, alone. If I was that reluctant I don't think I would have obliged. You, on the other hand, agreed and even helped. This is not said to make you feel bad... it is just an objective reading of the information presented. I think it is bad form of you to allow him to get that far, then change your mind. It might be your prerogative (it might not) but it's not coming across well. You say you got cold feet with very good reason, but we're reading this simply unaware of what that very good reason might be.

                          I think you - at the very least - do need to be compensating him for the trip to take his things to the property and the trip required to take them back - but to where is entirely another question if the prospective Tenant effectively has nowhere to go. It doesn't appear to be his fault he's ended up in this predicament (again, from the information provided) and you could've put your foot down much earlier, you had good intentions I am sure, instead of getting involved prior to commencement of the tenancy proper.

                          Comment

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