Cash payment. T claiming more than paid

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    Cash payment. T claiming more than paid

    Hello,

    I am in a quite difficult situation at the moment where T paid rent in cash and deposit was not paid, however now T is stating that he paid in cash as well and actually claims never received deposit back. Moreover he is apparently going to submit the claim to court for 3xdeposit!

    I never received these funds and have no idea what to do now as it was not mentioned anywhere. The contract stated that he is to pay deposit but does not actually clarify whether this has been done or not.

    If you have any ideas please let me know whether I will have to prove non receipt of the funds or T needs to prove the fact that the funds were paid. Help!

    #2
    T would have to prove the deposit was paid in order to make a claim.

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      #3
      I see, i hope this will stop him, however will not be surprised if T will fake some papers to confirm it. I could not believe the claim on the first insatnce and have no idea what to expect now.

      how frustrating!

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        #4
        If T does make a claim for 3x deposit; it's highly likely to fail if T has no evidence of deposit payment; and T will be liable for the substantial court fees. Also, if T fakes papers, then he may be found guilty of purgery.
        The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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          #5
          Originally posted by VictoriaLL View Post
          I see, i hope this will stop him, however will not be surprised if T will fake some papers to confirm it. I could not believe the claim on the first insatnce and have no idea what to expect now.
          Well, he can't fake your bank statement. If he tries to fake your handwriting on a receipt you might have to get a handwriting expert to be an expert witness (the judge would probably award you their fees if you won the claim).

          Ask again on here when and if you receive a claim.

          Comment


            #6
            Just been in touch with him via email asking exactly what he wants to be refunded and why, and the reply was:

            - 1 week holding deposit for the property, which was actually counted towards the rent when T moved in. I done it to secure the deal, I suppose many LLs do that when the contract is not signed but you do cancell all the viewings and start the process.

            - 1 month deposit, which on the contract was actualy an advanced rent and was used for the last months rent payment.

            And some additional amount of £100 which I can not even understand what that is for.

            He stated that the claim is not submitted as he was trying to find my home address, which is strange as there is my company address on the contract and this is what I use for all the correspondence.

            Comment


              #7
              Originally posted by VictoriaLL View Post
              - 1 month deposit, which on the contract was actualy an advanced rent and was used for the last months rent payment.
              Erm, that does actually sound like a deposit. Did you protect it?

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                #8
                The contact was for 2 months only, therefore these sums were taken as rent and therefore no additional payment were ever received.

                But the T is stating that he submitted a 3rd payment, which in fact never happened.

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                  #9
                  If tenancy agreement was signed by both parties that stated the rent was xxx and the deposit was xxx and a lot of contracts state rents and deposits to be paid in advance, doesnt that imply a deposit was taken even if it wasnt?
                  If that was the case surely the tenant wouldnt need a reciept?

                  Comment


                    #10
                    Hello, it is me again.

                    I had news from my T who is now stating that he did not receive the gas safety certificate from me during the 2 month stay and therefore is taking me to court for that as well.

                    Further he is mentioning that did not pass his exams because of the atmosphere in the house (other T) watching TV, etc Interestingly enough i was never told of any issues happening in the house.

                    I feel like my x-tenant is just trying to find any possible exuses to put into the case.

                    Please let me know what can be the consequences of gas safety certification if the copy was not presented at the time? do i need to present it to every T even on 1 week stay?

                    Comment


                      #11
                      Originally posted by VictoriaLL View Post
                      I had news from my T who is now stating that he did not receive the gas safety certificate from me during the 2 month stay and therefore is taking me to court for that as well.
                      Did you have one for the period of his tenancy (and just failed to show it to T)?

                      Even if you didn't have a certificate, T has no grounds for a civil claim for 'compensation' as he has suffered no loss. He could, of course, report you to the Health & Safety Executive, and they could prosecute you for failing to provide a gas certificate. I'm only guessing, but I honestly think this would be unlikely to happen without them first warning you to comply, or if you had a history of non-compliance.

                      Further he is mentioning that did not pass his exams because of the atmosphere in the house (other T) watching TV, etc Interestingly enough i was never told of any issues happening in the house.

                      I feel like my x-tenant is just trying to find any possible exuses to put into the case.
                      Well, he won't get very far with claiming for not passing his exams. It would only serve to undermine his credibility as a witness.

                      Please let me know what can be the consequences of gas safety certification if the copy was not presented at the time? do i need to present it to every T even on 1 week stay?
                      From Health and Safety Executive website
                      [Landlords] have duties under the Gas Safety (Installation and Use) Regulations 1998 to arrange maintenance by a Gas Safe Registered engineer for all pipe work, appliances and flues, which you own and have provided for your tenants use. You must also arrange for an annual gas safety check to be carried out every 12 months by a Gas Safe Registered engineer. You must keep a record of the safety check for 2 years and issue a copy to each existing tenant within 28 days of the check being completed and issue a copy to any new tenants before they move in.
                      Maximum fine for non-compliance is £5K (if you are prosecuted, and if no death/injury has occurred as a result of non-compliance). I would imagine that obtaining the actual certificate is more important than providing it to a T, i.e. you'd probably get fined less just for the latter.

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                        #12
                        Thank you very much for this.

                        I did have a deposit, but did not think I need to include this with the contract for such a short period of time.

                        I very rarely take such Ts and this time just fell for a sob story and tryed to help. Even assisted him to move in in my own car, etc

                        Once again I learn that never do good and you will not receive grief.

                        Comment


                          #13
                          Sorry in the previous post i meant not deposit but certificate =) going slightly mad now.

                          Comment


                            #14
                            T is having you on. Has he already left the property?

                            If so - no problemo, let him spend costs on taking you to court. Did you give him a reciept for any monies taken? Did damage any parts of your property? Did you have a witness with you when the initial monies were taken?

                            Comment


                              #15
                              Thank god he did!

                              He now said that due to the fact that I did not run the houseshare properly, i.e. watching of TV and people sometines having friends in the house I was in breach of the contract and that is why he delayed rent!

                              To be honest at the time when I took the payment for rent I specifically asked to put into the account, as it is much easier for me this way and plus I have a proper record and I am not being charged by my bank for cash transactions. At the time he said that he does not want to go to the bank and therefore will give me cash. I issued a receipt as it was less than the amount due and registered it in cash register that i have in the office.

                              Now knowing the nature of this person I am quite sure he will 'loose' the receipt and I have no other copy, so slightly concerned with that.

                              Comment

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