I had a “Manager” managing my properties which were Air BB and Booking com use - we parted ways by agreement - he still owes me money - quite a lot. He is refusing to hand back the keys and the bedding held by his cleaner - he won’t even address this. Any Advice ? He’s no longer managing, he removed his listings so he has no one renting, he’s demanding to keep monies back from what he owes me for reasons not listed in the contract. But the keys of one property in particular is my question - ideally keys and linens which is a lot of linens - 12 beds x 2 full sets are still held by him. I understand I can do an MCOL but the courts are back up by 12-18 months. Legal opinions on this appreciated. Is he still liable if he still has the keys? as he is trying to demand rent that is non existent despite the fact he terminated and I accepted his termination.
Was he just a manager, or did you have a tenancy with him? Did you have a written contract with him and if so, did you follow the termination clause in ending the arrangement? If not, did he agree to the terms of the termination in writing?
No AST - he plagiarised someone else’s STR contract, it had a 2 month termination clause but he terminated giving me 2 weeks notice, now he’s claiming 3 months future “earnings” from Me - he’s withholding 5400 but arguably more like 8000 given various things. So I agreed to let him go as he was cheating me and I was looking to get rid of him. But now the keys? some are replaceable and some are not.
thks David btw for looking at this for Me.
Send him a Letter before Action giving a deadline for payment/return of the items after which you may take legal action against him without further recourse.
Thks David - we did that, it was sent via a Debt Collector… he reacted immediately by sending the “Bookings” for Nov but stating he will hold back 50% for 3 months lost future earnings for each property. He flat out refuses to address all the missing, stolen and with held items and keys issue.
Then the next step is a letter from a Solicitor and/or an MCOL claim.
Thks - gone the debt collector route because I have another MCOL running since May last year and not had the first hearing yet!
But the keys? if he keeps the keys he is still liable for rent / income?
That depends on the wording of the contract he drafted and whether you agreed it.
The bedding is held by his cleaner .? Get along to him and ask for it back, assuming another firm?
Yep. He has 600 stg outstanding to the cleaner I know the name of, not clue who the next cleaner was, Cleaner will have keys and bedding or I believe he passed the listing on to a third party. Question still remains he effectively still " managing" as he has the keys so he owes me an extra 4 months loss of rental bookings fees?
He has removed the listing? I would drill out the locks and take control. No doubt others will say . Don’t do that
a solicitor will quickly tell you whether changing locks is legal or not at this point. If it is, my advice would be to do it anyway. Even if he gives you keys back, you have no idea if he’ll retain copies and use them to spite you. Unfortunate, but necessary expense I’d say.
thks so much peeps - have changed two locks already! many more locks to go - for example kitchen cabinets - he put some locks on for supplies … But one property is a VERY expensive smart lock and we cannot change that lock - one tenant who I actually found thinks as they tried to use the code he was on his mobile actively locking them out! So had to change my second lock to get them in - they were really good about it all. So it come back to until he surrenders the keys he is technically still liable to pay me the averaged rent which he is demanding off Me?
Hi Susan, it’s all a bit vague unless we know the exact wording of the contract. How can he demand rent from you if he was managing the property and taking the bookings? What is the allegation?
As for the bedding, did you make an inventory before signing the contract? That would be your evidence that he is holding onto your property and to take action if it is not returned.
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