Several issues with ex-housemate!

bigslick

I am posting this for a good friend of mine who is having some major issues with an ex housemate with regards to a now mounting of areas. I warn you now, this is long.

Backstory, the ex housemate had a habit of playing games (not very fun ones, though he thought they were), and being just overly annoying with regards to house and private matters.

To start he took off suddenly before his leave date to go on holiday. it just so happened that his holiday overlapped with his holidays, but he had moved out a large majority of his stuff. He stated that he would "leave the keys on the table before I go". My friend came back to find about 16 separate keys on the table, none of which belonged to house. It turns out he had also taken/happened to have on him, a number of keys including the house keys, postbox key (the only one) and the bins key (only one). He stated that he would post these to my friends work. When my friend received the package, it was an empty envelope. She believes he did this on purpose and is just trying to mess with her, as they didn't get on great. My friend is not comfortable that he is no longer a lease holder, but has keys. In addition, she found another tenant but has no set of keys for him. I suggested changing locks, which the letting agent has says they can do, but she will be held responsible for cost. They will also hold her liable for cost of new postbox and bin key. Is there anything that can be done in this case due to her not actually losing the keys? Considering the letting agency should have agreement with him for costs? Or is it a case of, he lost them, youre left there, so you gotta pay. FYI security deposit arrangement was arranged by agency very casually. "I have his security deposit, so you just pay yours to him when he leaves"

He managed the bills of the house (im sure you can see this coming) and it seems he was paying off the minimum for a long period, while claiming a much larger amount in bills from my friend. Now my friend is stuck with a bill for €350 in his (the ex housemate's) name. Is there any remedy for this?

I must mention that he has left a large number of pairs of shoes, some clothes and a tv, which he said he would collect when he is back from being abroad in December. I told her not to let him into house as he is no longer a lease holder, and to just give him the stuff by the door. As stated above, my friend thinks he never sent the keys, so he could just open the door and walk in. I assume i am right in thinking he is trespassing if he does this? In addition, is his property (shoes etc) still his property if left in her house for this long? Can she email him to say she has left it outside the door and he should arrange for someone to collect it if he cannot? Or if she does that is she liable for any damage/stolen goods? And can she hold the possessions 'hostage' until bills are repaid?

Apologises for the multitude of questions but my friend has no experience with such matters, and would appreciate any help you guys might have from experience or knowledge of such awkward matters.

TLDR summary:
Friends ex housemate leaves apartment with a multitude of vital house keys. Doesn't post back. Friends is forced to pay for change of locks and new keys

Had been screwing over my friend by paying minimum from bills and asking for larger amount from her. Now she stuck with large bill.

Can items he left there just be dumped or even held hostage in lieu of repayment of bills?

The_Morrigan

Did your friend think of taking meter readings for the day he moved out? She could start the bills in her name from that date and leave the debt for him to sort out - let the utility companies chase the person named on the bills.

rebel without a clue

Change the locks, forget about the cost, just do it. Your friend wont stop worrying/ thinking weather he's about to walk through the door otherwise. In my experience, letting agencies/ some landlords hate having to get involved in that sort of stuff. If he has not cleared his stuff by his due date cut just one leg off his trousers and cut two little nipple holes in his shirts. Keep the tv remote and break the volume button on the actual tv.

The_Morrigan

rebel without a clue wrote: »

Change the locks, forget about the cost, just do it. Your friend wont stop worrying/ thinking weather he's about to walk through the door otherwise. In my experience, letting agencies/ some landlords hate having to get involved in that sort of stuff. If he has not cleared his stuff by his due date cut just one leg off his trousers and cut two little nipple holes in his shirts. Keep the tv remote and break the volume button on the actual tv.

Please do not advocate the destruction of property.
/Mod

OP with regards to the remaining property, give the former tenant the opportunity to remove them himself, with an explicit expiration of that offer, explain that if he does not collect them by a certain date, you will be forced to remove the items from the property.
At that point, maybe donate the remaining items to charity.

Make sure he is given sufficient notice of this, especially as he is out of the country right now. If you wanted to cover yourself, send a copy of the letter to the letting agent & landlord so they are aware of the situation.

Littlehorny

Does your friend not have anyone who can change the locks? A few new locks would not cost alot if she knew anyone handy to swap like for like locks. Also if she might feel a little uncomfortable in this guys presence then when he is due to collect his stuff can she not have a male friend there at an arranged time and just give the guy his stuff at the door.

Victor

What was the arrangement with the property? Is there a written lease? Is it current? Did all the residents sign a lease together or were they just renting rooms?

Has the resident who has left received his deposit back? Is he still paying rent?

bigslick wrote: »

To start he took off suddenly before his leave date to go on holiday.

The 'holiday' sounds like a story. He has likely moved into his new property and is keeping the keys so he can still access his old residence for his possessions, post, etc.

It turns out he had also taken/happened to have on him, a number of keys including the house keys, postbox key (the only one) and the bins key (only one).

It is just possible the departed tenant has committed a theft offence.

I suggested changing locks,

Agreed. Changing the lock can be done for about €20-30 if you know what to do. Let us know if help is needed.

which the letting agent has says they can do, but she will be held responsible for cost. They will also hold her liable for cost of new postbox and bin key.

Not unreasonable.

Considering the letting agency should have agreement with him for costs? Or is it a case of, he lost them, youre left there, so you gotta pay. FYI security deposit arrangement was arranged by agency very casually. "I have his security deposit, so you just pay yours to him when he leaves"

He managed the bills of the house (im sure you can see this coming) and it seems he was paying off the minimum for a long period, while claiming a much larger amount in bills from my friend. Now my friend is stuck with a bill for €350 in his (the ex housemate's) name. Is there any remedy for this?

The bill is between the resident who left and the utility provider. Have your friend set up a new account with the utility provider.

I must mention that he has left a large number of pairs of shoes, some clothes and a tv, which he said he would collect when he is back from being abroad in December. I told her not to let him into house as he is no longer a lease holder, and to just give him the stuff by the door. As stated above, my friend thinks he never sent the keys, so he could just open the door and walk in. I assume i am right in thinking he is trespassing if he does this?

Is he still paying rent?

In addition, is his property (shoes etc) still his property if left in her house for this long?

Yes.

Can she email him to say she has left it outside the door and he should arrange for someone to collect it if he cannot? Or if she does that is she liable for any damage/stolen goods? And can she hold the possessions 'hostage' until bills are repaid?

Can items he left there just be dumped or even held hostage in lieu of repayment of bills?

I wouldn't dump them, yet. I would simply refuse to deal with the former resident until things have been sorted. It is quite possible he no longer wants the possessions, but throwing them away may be premature.

No Pants

I don't see why your friend should pay for anything. As said already, change the utilities into your name with an up to date meter reading and leave the old bills with him. Let the letting agent know and do not hand back any deposit until all keys are returned and his stuff is cleared out. Be clear to him that if this is not done by X date, locks are being changed and it's coming out of his deposit.

D3PO

utilities aren't in your friends name therefore they are not libel for them. just change them into their name now and leave it to the utility company to chase the debt with the ex housemate.

as for the locks just change then suck up the cost and learn a lesson from it all.

The Dagda

D3PO wrote: »

utilities aren't in your friends name therefore they are not libel for them. just change them into their name now and leave it to the utility company to chase the debt with the ex housemate.

You can also give the utility companies the guy's new address/contact details to help them with their efforts. .

Clive

As others have said your friend should change the bills into her name and let the ex housemate sort out his arrears.

I would compromise and tell him that she's happy to store his items for free on the condition that he returns all keys within five days. If not, sell them to cover the costs of replacements and changing the locks.

handlemaster

As stated leave bills with ex friend swap over now. Change locks. Take back the power. Dont hand back property deposit etc until all settled

No Pants

D3PO wrote: »

as for the locks just change then suck up the cost

Could this not be deducted from the deposit?

the_syco

bigslick wrote: »

Or is it a case of, he lost them, youre left there, so you gotta pay. FYI security deposit arrangement was arranged by agency very casually. "I have his security deposit, so you just pay yours to him when he leaves"

This makes no sense. Who did your friend give their deposit to?

D3PO

No Pants wrote: »

Could this not be deducted from the deposit?

The deposit isn't there to be chipped into mid tenancy so no couldn't be deducted from the deposit.

No Pants

D3PO wrote: »

The deposit isn't there to be chipped into mid tenancy so no couldn't be deducted from the deposit.

But he's leaving. So he can damage the place and just jump ship? Not much security there.

D3PO

No Pants wrote: »

But he's leaving. So he can damage the place and just jump ship? Not much security there.

ah sorry I thought you meant the OPs friends deposit. I think theres a case for the person who is / has lefts deposit to be deducted for a change of locks yes, but that would be up the the LL I guess.

No Pants

FYI security deposit arrangement was arranged by agency very casually. "I have his security deposit, so you just pay yours to him when he leaves"

Indeed. This is what I was referring to. Since the agency has abdicated responsibility for paying the deposit, I would speak to them about the matter and ask whether it's appropriate to withhold any of the deposit to cover new locks, etc.

bigslick

Thanks for all the replies guys. Alot of good points and information raised. Appreciate it.

Turns out that the front door lock can be opened with a credit card........so think the letting agency will replace due to the lack of security that offers.

Thanks again for info. Will let you guys know how everything turns out

Thomas D

Sue him in the small claims court if he is still in Ireland.