Betrayed and Out of Pocket

[littleone85]

Last year, me and my boyfriend invited a friend who been having some problems to stay with us for a while so he could get back on his feet. At the start it went fine but then eventually he started not being able afford to make rent payments, to cut a long story short it ended with him leaving in May owing us almost four hundred pounds and leaving all his possessions. Since then he's paid us one hundred pounds back and the majority of possesions are still at my house, because we were friends and i never expected him to behave so disgustingly we never had a written contract of what he was supposed to pay per month and the only records of what he owes are my personal records. He's not made any suggestion that he'd deny the amount he owes but i don't know what to he's capable anymore.

So my question is what can I do to get my money back? I'm guessing without a written contact i don't have a leg to stand on legally.

Plus all his possesions are taking up a lot of space in my house, we were hoping that we could withold them untill he paid us but don't know my legal standing plus wouldn't make much difference anyway since the waster is currently sleeping on his mothers couch so its more convenient for him to have his stuff 'stored' here.

So IF we ever get our money back how long am i obliged to keep hold of his stuff?

[bednobs]

i think you can say goodbye to your 300 pounds. As regards to his stuff, write to him giving him notice that unless he comes and picks it up within a specified time(say, 28 days, or if you are really peed off, 7 days), you will be giving it all to the salvation army

[Carby]

Sell his posessions simple as.

[Everhelpful]

I agree with bednobs,great solution.

[themas]

You have a duty of care regarding the possessions (Tort Act 1977) and need to look after them. You can only dispose of them after giving reasonable notice to the tenant. Length of notice is not defined but I suggest 28 days should be adequate. But do this in writing, keep a copy and make sure it is received by the ex-tenant (send recorded delivery or hand deliver to him personally with an independent witness present).

You could take Court action for the rent arrears based on the verbal contract but he could deny the debt and it might be difficult to prove without anything in writing. It would cost you a Court fee to start the action. Even if you win, you might well still not get the money if he is genuinely in money difficulties.

[littleone85]

Thanks everyone!
What about witholding his possessions until we're paid? It wouldn't work yet since he's no place to put his possessions but after that?
I realise i'll probably never get my money but not ready to give up yet...

[themas]

You could have a problem if he asks for them and you refuse to give them to him, or let him have access to collect them. It might be OK, but he could try to accuse you of theft. This probably wouldn't stick because your intention would not be to deprive him of them permanently, but he might be able to make things uncomfortable for you for a while.

[littleone85]

Thanx,everyone, anyone got any other ideas to get money back or get him to take his possessions?