Problem with old tenant

daywalker

A friend of mine is being threatened with small claims court by a former tenant, my friend is not the landlord only another tenant in the house and the old tenant is claiming that he had an oral agreement with my friend that he could move back in and bring a friend with him to take residency in another room, he apparently made an oral agreement to this effect back in january. In the meantime the room has been rented to someone else, as my friend got tired of waiting on this former tenant. Does this guy have a right to go to the small claims court or is he just blowing smoke?

Spocker

He's chancin' his arm - his tenancy agreement is with the landlord, tell your friend to stand up to this guy and if he has a problem, take it up with the landlord.

If he wasn't paying rent/a retainer to keep the room while he wasn't there then the "oral agreement" isn't worth the paper it written on

Let us know how it goes.

MorningStar

Dr. Spock wrote:

If he wasn't paying rent/a retainer to keep the room while he wasn't there then the "oral agreement" isn't worth the paper it written on

That's not true. Oral agreements are increasing due to increased call centre methods. It is an agreement like any other. It's just a case of proving it. If anything can be proved the older tenant might well win. It depends on the specifics like time frames of agreement and contact between the two.
If really depends on what was agreed and if your friend is honest about what was said.

daywalker

When the guy moved out he said he would be moving back in if he got a new job in dublin and that someone he knew would probably be needing a room as they were starting college in dublin. No contact since january, guy suddenly on doorstep and finds rooms rented out to other people, then threatens court as he felt that he was garunteed room all that time ago, from what was said, my friend cannot remember specifics due to lengthy time frame. how can my friend prove a conversation that happened over six months ago?

Gilgamesh

MorningStar wrote:

That's not true. Oral agreements are increasing due to increased call centre methods. It is an agreement like any other. It's just a case of proving it. If anything can be proved the older tenant might well win. It depends on the specifics like time frames of agreement and contact between the two.
If really depends on what was agreed and if your friend is honest about what was said.

actually this is not quite true,
the thing is. unless the contract for renting the place clearly states that the OP's Mate is allowed to Sub let the place, his promise is worth nothing, as the agreement would have to have been with the Landlord.

Beruthiel

daywalker wrote:

When the guy moved out he said he would be moving back in if he got a new job in dublin and that someone he knew would probably be needing a room as they were starting college in dublin. No contact since january, guy suddenly on doorstep and finds rooms rented out to other people, then threatens court as he felt that he was garunteed room all that time ago, from what was said, my friend cannot remember specifics due to lengthy time frame. how can my friend prove a conversation that happened over six months ago?

how can anyone think that it's acceptable to keep a room empty for 6 months and no rent coming in?
can't see that one holding up

daywalker

Thanks for all your replies i'll pass on the info and let you know how it turns out

Victor

I can't see the old tenant having a case.

(a) Presumably there is nothing in writing and something in writting would be needed in such a case. No case in statute law.

(b) He has paid nothing. No case in contract law.

(c) He has left it too long. No case in equity.

the_syco

daywalker wrote:

When the guy moved out he said he would be moving back in if he got a new job in dublin

From this, I take it the old tenant offered no timeframe, on when he would return?

Also, your mate ain't the landlord, so how could your mate keep the room free for the old tenant, esp as the old tenant didn't pay the landlord to keep the room free.

daywalker

Update:

The guy is getting some very bad vibes from the other housemates, now hes trying to back off from the court threat, i can say that if he does move in he will be in a very hostile environment, because of his bullying tactics. I passed on the boards information to my friend, just have to wait and see what this guy is going to do now.

Thanks again
Daywalker

Victor

If he tries to move in, call the cops. Whatever about him possibly having a right to live there, he doesn't live there. Him moving in, just like that is tantamount to him illegally dispossessing (one step off evicting) the current tenants.

A chat with the local cops wouldn't go astray.