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I am 71 years old, I own a 2 bedroom flat, (part of my

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I am 71 years old, I own a 2 bedroom flat, (part of my divorce) My son knew I wanted to sell the flat last Sept, but persuaded me to rent it out to his friend This chap used to work for my ex husband, a lovely chap. After thinking about it I agreed and was assured by Francis (the tenant).that he would like to do some work in the flat before he moved in with my permission. He told me what he'd like to do, put in new kitchen, cooker etc, new bathroom and new power shower that I had to pay £1500 for a new boiler, the old one was only 3 years old. Anyway even though at first he said he would pay for it all, after discussing with a friend who owned a few flats, I decided to pay for everything myself. that I would pay for everything. Francis said he wanted a specific light in the lounge so he went ahead and bought them...ceiling lights. I told Francis that I would be selling the flat in February 2023, so he had 1 year, which he agreed with. He moved in on February 1st after all the work had been done, with my son's help. I had the flat redecorated, new carpets throughout, it looked fabulous, all colourings, kitchen bathroom, chosen by Francis and my son, it looked like a brand new flat I was very pleased. I used to have a letting agency deal with the tenant before Francis, but Francis said I needn't bother because if anything would go wrong he could deal with it. (I have to say he can put his hand to anything). I had a tenancy agreement drawn up til February 1st 2023. On June 12th Francis gave me 2 weeks notice, he said it was too noisy, and that he had found a flat that he could move into on 30th June 2022. He asked me if I would give the new flat owners a reference for him. I agreed and the new landlord rang me and I gave her a brilliant reference. So this was my chance now of selling the property. I put in place a solicitor, 3 estate agents that went to the flat with me there of course and they priced it for me, and the one I chose was going to come and take photos the next day and do the necessary. So I was relieved that I could finally sell it. a few days later Francis called me and asked me to go over to the flat, and he was so, so upset because he had just found out he had a CCJ, I dont know the ins and outs of the matter but the new landlord wouldnt let him rent the flat with a CCJ, in fact no landlord would, so Francis BEGGED me to let him stay on for a further 6 months (with his CCJ hovering over him.) Out of the goodness of my heart I said OK, you have til 12th December 2022 then I am selling.(6 months) NOW HE SAYS HE WANTS ME TO WRITE DOWN THAT I WILL GIVE HIM £3000 for all the work he did. His rent normally goes in my bank on 1st month, no sign of it yet. This is my dilemma, I have given him a new tenancy agreement for him to remain until 12th Dec 2022, He says that the first tenancy agreement says 1st Feb 2023, so he should stay until then. But nothing was said about me paying him for the work he did, so it came as a bit of a shock. Where do I stand in all this without a letting agent involved? I hope you can understand this letter. Di Saunders
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Weston Super Mare North Somerset
JA: What steps have you taken so far?
Customer: None, only talked with my tenant
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No really
Customer: replied 14 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 14 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hi, thank you for using just answer i will be assisting you today.

Just a few quick points:

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I will now deal with your enquiry and assist you as best i can.

Kind regards


Customer: replied 14 days ago.
Thankyou

I am sorry to hear about your situation. With the tenancy agreement as he moved out of the property and the early termination was agreed that could be seen as a surrender as it was agreed by mutual consent, the new agreement would stipulate the current agreed terms so he cannot back out of this and rely on the previous agreement.  If he does not pay rent or you wish to end the agreement you have possible routes in the serving of a section 8 or section 21 notice should things get messy so to speak.

In relation to his claim for monies for the purchases or work undertaken he has to produce invoices for this and cannot pluck a figure out of thin air. He can consider issuing a small claims monetary claim however he would need evidence of the works undertaken so receipts as well as invoices which would need to have been produced to you.

Customer: replied 13 days ago.
He did not move out, he verbally gave 2 weeks notice, but within the following day of giving me a verbal notice of 2 weeks, found out he had a CCJ. So he wouldn't have been able to rent another flat. I have all receipts because I paid for everything. He never kept any work receipts, because he said he was going to do the work as he was going to live there, and as I said before everything was chosen to suit him....kitchen, cooker, hob, bathroom, plus all carpets. NOT ONCE WAS THERE ANY MENTION O.F PAYMENT FOR WORK

He gave notice of his intention to end the tenancy and this was accepted by you so theres arguable case that this terminated and a new tenancy was entered into.  You should check the terms of your tenancy in relation to the termination also. He has no claim in relation to the works but if he wants to insist on it he can issue a claim to the court and will be unsuccessful.

Customer: replied 13 days ago.
Still no rent (1st of every month) also he has switched off his mobile. I have emailed him. I have a key to my flat, do I have the right to let myself in?

You should provide notice of entry, in an emergency its 24 hours, if not 48 hours. You may want to consider a section 21 notice if you need the property back and he is not responding.

Customer: replied 12 days ago.
Francis has responded to an email I sent him, he says he can't sign the 2nd agreement because he says apparently it differs from what we verbally agreed. I will get this back from him, as he has my copy as well for signing. He is definately saying I owe him £3000 for all the work he has put in even though nothing was put in writing. He wants to keep the 1st agreement, allowing hi to stay until 1st February 2023 which was agreed upon back in February 2020. Is he right? Can he do this? Could I be awkward and say if he doesn't sign this 2nd one, and that means he'll have to leave on 12th December, could I turn around and give him 2months notice if he doesn't sign
Customer: replied 12 days ago.
He also said that the rent will be in my bank in the next 2 days

There is no basis for his claim for the £3000. If he is not a tradesman and issued an invoice for works, or purchased any items he has no claim. You can refuse to pay this and inform him he can make a claim to the courts and will be unsuccessful.  In regard to the tenancy agreement he has arguably accepted this by moving back in and paying rent.  You can ask him to leave or you can issue a section 21 notice and take the court route to evict him.

Customer: replied 12 days ago.
Thank you, ***** ***** pass this on to him
Customer: replied 12 days ago.
When he gave notice, he didnt actually move out, he gave me 2 weeks notice but was still living in the flat.
Customer: replied 12 days ago.
All the questions and answers, can I keep on my phone and is it valid?
By giving you notice he effectively terminated the first agreement and then entered into a new agreement with you. You can keep this messaging however its best you formally write to him setting out your position.

I hope this assisted your enquiry and thank you for using our services.

Customer: replied 11 days ago.
Thankyou, you have been most helpful
Customer: replied 2 day ago.
I need to chat more, things have got worse with my tenant, he hasn't paid the rent for 15days
I am not available for calls sorry but an available expert will contact you.
Customer: replied 2 day ago.
my tenant hasn't paid rent for 15 days, where do I stand

If a tenant has missed their rental payment due date they will be in breach of the tenancy and owe rent arrears.   You will need to write to the tenant to inform them of the arrears and request payment.

If the tenant pays monthly you will have to wait for at least 2 months arrears to then issue a section 8 claim for possession.

Customer: replied 2 day ago.
if they decide not to pay can i give them notice

As i said if the arrears are 2 months you can issue a section 8 notice.

Inderdeep and other Property Law Specialists are ready to help you
Customer: replied 2 day ago.
thankyou