Right folks,

Could do with some advice, so need the STW massives consensus on this:

I have a house mate who announced last night that he was leaving on Saturday. He has cancelled his direct debit to my account and as of today will be living rent free as i havent been paid. He is demanding his deposit back, despite breaking the hoover and various other items. When challenged he got really aggressive and threatened me with violence if i didnt refund the deposit in full.

That doesnt bother me, he still owes 6 weeks rent as the T's&C's of the contract states thats the notice that needs to be given. I've yet to mention this. After the threatening and saying 'that life will get very difficult for me' and 'i can play dirty' im wondering what i can do legally???

I'd love to play him at his own game, but i dont know what hes capable of- – could quite easily throw i brick through the window.

Every bone in my body feels like i should fight it, but i have my girlfriend staying over every now and again and dont want to put her in danger, or have her car damaged etc……

I cant get in touch with citizens advice, ive a locksmith tee'd up for saturday.

Anyone any ideas???? I really dont know whether to just take the loss and put it down to the fact some people are just ar5eholes or get stuck into him. Im going to try the friendly approach again tonight, if that doesnt work im stuck – i'm no boxer!!

Anyone had any similat experiences???

…………and no, its nothing to do with a gay affair before anyone starts!! 🙂

Come on STW, give me a helping hand!!!

Have you got a set of bombers? 😉

Keep his deposit. job done.

Sounds like a right tw*t.

What is the contract on the house? Is it your house? Rented together? Sub letting from you?

Why is he being such a tnuc? There must be more to this than you're letting on.

If not then suggest you ask him, nicely, why he feels that he should screw you over financially?

I had a friend of mine flat share with me for 6 months, he never washed, broke the door when he locked himself out and ran out of money and stop paying his way, eventually I had to kick him out, never spoke to him again, shame really.

Change the locks ASAP, don't wait – just accept that he's not paying you any more money, so take out of his deposit what he owes, and give him any change – also sounds like you need to get some 'friends' around, for when he returns to find his stuff on the pavement outside.

Do not put his stuff on the pavement but do use his deposit to cover the shortfall in rent and damage IMO

Can't go to citizens advice? Odd.

Personally I'd just not pay him his deposit and keep a video camera handy.

whatever happens get his forwarding address. You could say for sending his 'deposit' or what's left off it after damages.. 😛

Citzens Advice Bureau asap, then down to the Police Station to log the potential situation and ask what you should do if the housemate physically grabs or hits you.

It sounds like hes doing an unexpected runner from something or someone. If hes signed an agreement he cant expect to get off scotfree. You have to be careful though, are you the Landlord?

Citizens Advice then Police station. If its logged and you have to defend yourself (knock him flat)- at least you have backup.

Nick, Theres no more to it. Just flipped last night as soon as i got in from work. Most unexpected.

Capt John, I own the house and he rents a room off me.

I cant believe how ridiculous some people can be – after threatening to kill me. Just unbelievable how some people can be.

b r was thinking along those lines. i dont know anyone where i am though?!?

Anyone know any heads in Reading?!?!? 🙂

Keep his deposit, Report him to the Police for threatening behaviour, try and get a witness who is willing to step forward if he threatens you again. record the conversation or get on a webcam if possible. Go to small claims court to get what your owed, but write to him with your intenions citing you have made a report to the police about his threats.

Ferris-Bueller – Member
I cant believe how ridiculous some people can be – after threatening to kill me.

Maybe worth a visit to the local plod to report the circumstances and his threatening behaviour if he's being that much of an idiot? Might help for them to know about it in advance if there's any damage to property etc. later.

threatening to kill me.

I missed that bit. Sorry, if someone threatened to kill me I would be on the phone/or down the Police station without a second thought. Naturally me being me 🙄 I've had harmless internet hardmen promising to rearrange me but never a threat to kill. That would trigger a phone call to the old bill.

Unless you are 13yrs old a threat to kill shouldnt be laughed off. Hes might have some 'issues' that you werent aware of.

Post on here:
http://www.pistonheads.com/gassing/forum.asp?h=0&f=10&mid=70159

Why? Ive noticed a few landlords on there who have had issues with non-paying tenants and one or two were stung over clauses in their own contracts.

A nasty bully that needs standing up to..

let him get away with it and he will do it again, keep the deposit, how much does he owe you and how much was his deposit? get the locks changed asap and put his stuff outside (covered) tell him to leave quietly or you will get the plod there, if he gets agressive call 999.. he would be a fool to push it!

A nasty bully that needs standing up to..

Its a bit difficult if you live with the person and there is money etc involved with a threat to kill.

Ps. Advice for the future, only take Chinese overseas students on as tenants.

A bit of info plus some links.

Don’t attempt to expel your tenants yourself. It is unlawful to change the property’s locks or physically remove your renters and their possessions.

Forwarding address to send the deposit too looks like the answer, withholding the desposit for spurious reasons isn't going to calm the situation, it'll just make his unjustified aggression feel justified. Broken hoovers and so on I wouldn't really quibble over, if it broke while he was using it, at least he was hoovering. But tell him you need send the cheque to him at his new address once he's moved out and once he's provided evidence that any bills due to him are being sent to that new address, so that you're not have debts dumped on you. The means say his mobile phone account need to write to him at his new billing address confirming his move there, once he's shown you a copy of that letter the cheque is his, but also his address in yours which discourages any rash behavior by making it traceable.

Unless you happen to be my old landlord in Reading who AFAIK is scrweing over some of my friends who are leaving his house at the moment………..

CAB is opposite the bus stops behind John Lewis, should be your first stop, followed by the cop shop.

If there was a threat to kill, I would be changing the locks and notifying the police.

Plus keep something handy to record any further conversations – maybe the police can help with that.

Don't be the unlucky one who gets a threat from someone who meant it.

Draw up a financial statement showing the notice period rent in one column, the deposit in the other, listing all the breakages at cost (but putting "no charge" against each of them), add in any other outstanding items and calculate the balance.

See what he says.

Do not evict him yourself. Do not put his property on the street. This is really important – if you do that you have committed a criminal offence and the council usually has dedicated harassment teams to deal with that sort of situation. You could get into a lot of trouble

Get some real advice – is there not a landlords website / forum somewhere? I am sure its been referred to on here before

My advice is summed up in this short film: http://www.youtube.com/watch?v=4zGBbEPq92Q most notable at about 1:28

As Hora said CAB asap!

Can't be arsed to read the stuff above. Locks, his stuff on the street and a county court judgement against him for damages and lost rent. Report his actions to the police for later reference if required.
CCJ's last for 5 years even once sorted out. A real pain in the arse for the future :O)

It sounds like he's a bully, so when he least expects it punch him square on the chin and tell him how it's gonna work, and then punch him again.

Or the CAB etc – up to you

Can't be arsed to read the stuff above. Locks, his stuff on the street and a county court judgement against him for damages and lost rent. Report his actions to the police for later reference if required.

Well lets hope you're never a landlord, for your sake, cos if you do this you'll be the one in court. Hopefully the OP will ignore the usual STW fantasy responses and get some proper advice.

As far as the threats are concerned, one persons word against another, tell the police by all means but don't expect a restraining order to magically appear.

Thanks folks,

Been talking to the local rozzers and they were super helpful. Ive logged it with them and they've reffered me on to the CAB, but they wont get involved unless there is a disturbance. If i want the cash i'll have to go down the civil route, but im going to keep the deposit.

Lets see what unfolds later on!!

This is not a spoon – it most defo aint me!

I just have that sour feeling in my stomach you get when someones getting to you!

Unbelievable! Grrrrr!

As above. do not change the locks. Best thing you can do is to settle this to a mutual agreement to what is owed and what isn't. Sometimes it is not worth chasing a complete loser for a few hundred pounds.

Just point out calmly that threats of violence and "dirty play" are most unwise.

TandemJeremy – Member

Do not evict him yourself. Do not put his property on the street. This is really important – if you do that you have committed a criminal offence and the council usually has dedicated harassment teams to deal with that sort of situation. You could get into a lot of trouble

Get some real advice – is there not a landlords website / forum somewhere? I am sure its been referred to on here before

+1 on TJ and others advice, I'm a landlord and I know of people who have been imprisoned for changing locks and putting peeps on the street.

See a solicitor or at least get advice from the consumer action group which is a great website, loads of landlords on there.

Your worries are – did you put his deposit in a tenancy deposit scheme? Landlords must do this by law, if you don't then the tenant can sue for three times the deposit, regardless of how much damage is caused.

But I am unsure if this applies to landlords who occpuy the let property, as there are some sections of the housing acts that exempt you if you live in the prop.

As a landlord and a business man you have 2 choices:

1)Principled apporach (Ie emotional response to being threatened) Spend money getting advice so you can fight the fecker legally and screw his arse. (Probably cost N+1, and you have to keep this issue alive in your mind until court dates so extending the pain)

2) Strategic approach (minimising loss) Let him have is deposit and put it down to experience. (Cost – the small bit of damage – broken hoover can you prove it was him, probably will not stand up in court anyway, do you have a signed photographic record of the condition of the house and its contents on the day you moved in? + loss of rent is it that much? Benefit, he's gone you can forget about him, he's a **** anyway it would be worth paying to never see him again)

OP, one angle to consider. If I was the tenant and had a physical confrontation with you and you put me in my place. I'd call the council and say my Landlord wants me out and has given me until the weekend to get out and to forget seeing my deposit again. He told me that he wants to move his girlfriend in fulltime and his girlfriend doesnt want me in the way. He threatened me over the past few weeks and has been generally intimidating. Then it came to a head this week when he attacked me and told me to get out asap.

What can I do?

…If he is a nutjob- its just a thought! So, if he goes for you, I say backout of the house asap and call the Police outside (will be added to the log and he will be arrested).

Just to add incase it gets heated.