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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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There I have a complicated story here i hope i can get

Customer Question

Hi there
I have a complicated story here i hope i can get some help.
My partner after we had a baby together agreed to manage my property portfolio for me while i was on maternity leave abroad with my family. The management was really to be available to take calls in case of any from tenants and inform me so that i could sort out problems or send in trades people in case of problems. This was a mutual help for a girl friend and there was no agreed renumeration. I had once said that if my protfolio grew large i would involve him as he is good with computers but i could not do that this time as i was on unpaid mat leave which he knew about...
While i was away in Kenya for those 6 months: My partner changed amounts so that rents came into his account and then he transfered into my account without telling me. I was confused when i could not figure out the situation for a while especially as i did no thave reliable internet comnnection. When one of the properties became vacant (I knew of it and expected it to be vacant) I had casually said that he could move in but he had indicated it was too far for his kids school but he decided to move in and he didnt let me know that he had again untill like a week later....Although i didnt mind it as long as he paid rents, it was courtious to inform me so that i could preplan about things like rent amounts, contracts or atleaset give a last work.
Again with a baby of 3 months i was pretty busy and i told him that as long as he covered the mortgage i didnt mind and that i would discuss it further when i returned. Upon my return, we fell out immediately and i did not move in with as he had wanted. NB we did live together only afew months before the baby was born but only so that he could support me otherwise we lived separately.
He was not happy and blammed me for the breakup and he started charging me for the management services, the cleaning up of the flat prior to him moving in. he posed as a professional and claimed that i hired him and must pay him for his services. He was already living in the flat and paying a low rent, suggested an increase but he declined and started deducting half the rents in order to pay himself for the services he claimed i gave him. Its been 18 months since and hes still paying 480 for a 3 bed flat in london. Recently he has demanded that i give him a rental contract for 5 yrs and the rents he wants to pay. I really want to sell this flat because i havent made money on it and covering the mortgage has incurred me debts and now im really struggling. I declined his requests and served him section 21. He is fighting it on basis of disrepairs that i have refused to fix as they are not reasonable....some of them and now it had become harrassment with him sending me letters every other day about different things that are not working and calling on the council, the public health people about disrepairs that he cliams are putting his family in danger etc. I am in the process of fixing those that i deem dangerous like electrics , plumbing etc and latest find is asbestos tiles!!!! arrgghh ive spent soooo much money already trying to fix his demands that im haaving to work over time and as he does not pay rent at all since Nov i have no income coming in and im spending over 2K every month and i cant cope any more. After the 2 months notice, i asked the court to intervene and im waiting but i know he is fighting it although i havent heard from the court. Sooo many issues in there but i fear that teh court will side with him the tenant as he is trying to frame me as a bad landlord. where do i stand ? if he is allowed to stay , how long can he stay and how can i get rid of him ? i dont want to sign a contract because he will use it to harrasss me to get what he wants. He lived in south kensington before and he expects same things even though my flat is in Feltham.....its hardly unkempt its actually a really nice flat but its the wrong tenant.
Where do i stand in this, do i stand a chance and if not, what would possibly happen. will the court force me to give him a contract ? for how long ? Also i am suing him separately for the money he is charging me for services that i didnt agree to. I feel he is bullying or harrassing me, taking advantage of my situation as a mother of his baby, i trusted him into my business and he took over and now i look after his baby (no child support) and i pay his rent.
While i was away,
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HIThank you for your questionFrom what you have said what happened was that you allowed the father of your child to move into one of your propertiesHowever your relationship broke down and since then he has paid considerably less than the market rent and has refused to leave.Is that correctHave you sorted out all the other issue she caused you with your properties?
Customer: replied 2 years ago.
yes it is; but the reason for not paying the correct amount is because he claims i owe him money from ....(he helped look after the properties while i went on maternity leave and was supposed to be a favor to his girl friend as you do) but he made it a business service and started charging me while i was away and has continued even after i came back even though i am here and i do look after my properties. He claims that i didnt inform him in writting about the end of our business..... i never had or started any business with him so i didnt see the need to end it. I didnt sign anything either, he says a verbal agreement is just as valid...
Customer: replied 2 years ago.
im working tonight so im not able to take calls i will be available in the day tommorrow. I decided to divide this story into 2
court cases. 1) im suing him for the money and 2) i gave him a section 21 followed by repossession order which he is defending at the moment. incase you see them both
thank you
Expert:  Clare replied 2 years ago.
We can deal with both of these tomorrow
Customer: replied 2 years ago.
ok so you will call ? what time? so that i can plan queit in the house and all...
Expert:  Clare replied 2 years ago.
I have accepted your requestI could call between 9 and 10 am
Expert:  Clare replied 2 years ago.
already done!