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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I rented my house to a friend for 2 years, we had no tenancy

Customer Question

I rented my house to a friend for 2 years, we had no tenancy agreement. She vacated the property 4 days ago and left the property in a horrific state it is going to cost me thousands in repairs. She failed to cancel her direct debit and a months rent has gone into my account. I have not transferred it back to her as I wish to keep it for damages. Can I legally do this? There was no tenancy agreement or deposit as she was a friend.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

How much was the damage and what is the cost of the damages?

Customer: replied 1 year ago.
The rent was £450, which did not cover the mortgage I have topped the mortgage up every month. So far repairs have cost £500. She left a large amount of waste. She also had two dogs one of which was a Great Dane this is a small house. The floors are having to be pulled up in the downstairs of the house, the skirting boards have also been chewed and need to be replaced estimates so far are that repairs are going to cost in excess of £1100.
Expert:  Ash replied 1 year ago.

Ok - then yes you can keep it.

At worse the 'friend' can try and sue you for the £450 back.

However in terms of damage, then you should get evidence. photos. video, keep receipts etc before you get it all done.

Then if it goes to Court you have the evidence to show what state it was in.

But make sure you have it all documented.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I have had two hire a skip to hav e the amount of waste removed. There was a promise made of a private company being hired to deep clean the house which was also not fulfilled. I wanted to know if I can say to her that she will have to take me to court if she wants the £450 back as it was her reaponsibilty to cancel the direct debit. I have photographed and documented all the damage. Would she have a claim to recoup the damage or would I be successful in a counter claim?
Expert:  Ash replied 1 year ago.

I think you would be successful if you have damage evidence.

Does that clarify?

Customer: replied 1 year ago.
thank you very much. I did not make my mortgage company aware that I had let my friend live there however I didn't believe I had to as I have not made any profit from her living there and have had to top the mortgage up every month. She said this will get me a criminal record is this true? Thank you so much I've not slept worrying about this
Expert:  Ash replied 1 year ago.

Well its breach of contract but unlikely you would ever be prosecuted.

Does that clarify?

Customer: replied 1 year ago.
thank you very much
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.