Tenancy

[loza]

My daughter owes 700 hundred pounds to her landlady. But unfortunately has recently lost her job. She is moving out now asap but was willing to pay the money back. The landlady currently has 350 pounds of hers as for security purposes. part of this may be needed to cover price of the carpet that my daughter had to rip up in the lounge area due to a strong smell from it. She was willing to stay and face the consequences even though she isnt happy were she lives. The other night she came home to find her window had been smashed, and now wont go back to the house. When she moved in she signed a six months tenancy agreement which ran out in september 2006. My question is....does the landlady have any rights to sue my daughter for damage etc even though no agreement has been signed for the last 6 months. the landlady only seems to bother when she doesnt have her money but when things have gone wrong before has never helped out. ADVICE PLEASE!!

[bednobs]

yes, the original tenancy agreement has probably carried over onto a month by month basis. You wouldn't expect her to have any less rights as a tenant just because the agreement hadn't been signed since september, would you? The landlady probably wont sue her for the damage, but take the security deposit against damage and sue her for the unpaiid rent

[loza]

The point id like to make now is that my daughter moves out this weekend and in with a friend, which i am not going to make her stay somewere that she is not happy. My daughter isnt going to tell the landlady were she is going and will just leave the property. How will the landlady sue if she doesnt know were she is? and will my daughter get found?

[george y]

This is not a great idea, as the landlady may seek a CCJ, and this will prejudice your daughter when attempting to gain credit, mortgage etc in the future.

There is definitely a tenancy agreement in place, implied by behaviour, i.e. living in property and paying rent, and probably under the original terms.

She is best advised to try and come to an amicable arrangement. i.e. As the window is broken and therefore the flat unlivable, and I now have no money, keep the deposit and call it quits? Or maybe offer a nominal additional amount.

The landlady is fully justified in going to the small claims court, who will find your daughter, so do try to reach a compromise, which the landlady will be inclined to accept to avoid the costs of court action.

[bednobs]

have you ever heard of karma? people like you and your daughter make me sick! What a lovely tennant shes been, ripping up the carpet, not paying her rent and then beggering off into the night with no forwarding address, with you on the sidelines encouraging her. I hope the landlady does pursue her to the fullest extent she can, and makes it very difficult for her to get a rented place or credit in the future. i only can hope that sometime in the future it comes to bite you and her on the bum!

[loza]

well arent you a good help nobs! oops....i mean bednobs!

[loza]

Thank you george. Me and my daughter have come to an agreement that i shall pay the 350 pound unitl of normal rent and she can keep the 350 bond the landlady can keep the 350 bond. If that still isnt enough for the landlady then my daughter has agreed she will pay as much as she can each week into the landladys bank.

[bednobs]

you get me wrong ... if, as you say in your last posts your daughter is going to pay the money she owes, then good on her. However, when i wrote my reply, your previous post indicated she was just going to do a moonlight flit, abetted by you and leave the landlady to chase her for the money, which you surely have to agree, is very manky. .