Cash payment. T claiming more than paid

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  • westminster
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    spam reported

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  • westminster
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    Thanks for the update. Glad to hear it's all over.

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  • VictoriaLL
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    Hello,

    just a quick update on this case. I recently received an email from the T stating that he will not be taking matter further. What a relief!

    I suppose he got an advice and was told that there is very little ground for this.

    Thank you all for your help and advice it surely helped not to panic at the time.

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  • VictoriaLL
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    I surely will post the update as this is quite an interesting situation =)

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  • westminster
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    Originally posted by VictoriaLL View Post
    I am worried that he will say that he gave more money than actually did and will not provide the receipt, and as per above I do not have a copy.

    His claim is that he paid more than i received. I think though that this is not something small claims court is going to deal with, to me it sounds like a criminal offence.
    It it up to T to prove he made any alleged payments, not for you to prove he didn't.

    You haven't committed a criminal offence in not receiving the money he claims to have paid you.

    What he is alegedly doing now is submitting the claim for 3 x deposit and as he said claim for 'failure to provide Gas and Electiricity safety certificates in accordance to housing act 2004 and the Safety Regulations 1998'.
    As I said, he has no grounds for a civil claim for compensation for you failing to show him the certificate, for the simple reason that he suffered no loss as a result of this failure. No loss, no compensation.

    If he claims for deposit non-compliance, he will first have to prove he paid you a deposit. If he didn't pay you any money as security, and all he paid you was rent, then his claim is almost certain to fail.

    I think you are worrying too much. He may never issue the claim. Personally, I would write to him and politely tell him either to proceed with his claim or leave you alone (keep a copy and proof of posting). Don't waste your time on any further communication with him. He sounds like an idiot and a tyre-kicker.

    In the event that you do receive a claim, post back on this thread. Remember that if he names you personally as the defendant (and not the limited company which is the landlord/owner of the property), your defence is simply that you are not the landlord/owner, and ask for the claim to be struck out.

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  • VictoriaLL
    replied
    I am worried that he will say that he gave more money than actually did and will not provide the receipt, and as per above I do not have a copy.

    His claim is that he paid more than i received. I think though that this is not something small claims court is going to deal with, to me it sounds like a criminal offence.

    What he is alegedly doing now is submitting the claim for 3 x deposit and as he said claim for 'failure to provide Gas and Electiricity safety certificates in accordance to housing act 2004 and the Safety Regulations 1998'.

    Leave a comment:


  • westminster
    replied
    Originally posted by VictoriaLL View Post
    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.
    I don't understand what you are concerned about exactly. You're saying he paid some rent in cash and you gave him a receipt to that effect.

    Are you worried he will claim the cash was not rent but a deposit? If so, he'll have to prove he paid you a deposit. It is not enough not to show the receipt you gave him. I presume you also have records showing sums received from T equal to the rent due for his tenancy.

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  • VictoriaLL
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    Originally posted by intelligence69 View Post
    Did you have a witness with you when the initial monies were taken?
    Unfortunately I had noone with me at the time, otherwise it'll be much easier, but the good thing is that he did not have anyone with him either.

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  • VictoriaLL
    replied
    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.

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  • intelligence69
    replied
    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?

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  • VictoriaLL
    replied
    Sorry in the previous post i meant not deposit but certificate =) going slightly mad now.

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  • VictoriaLL
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    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.

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  • westminster
    replied
    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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  • VictoriaLL
    replied
    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?

    Leave a comment:


  • johnboy
    replied
    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?

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