unpaid rent

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • unpaid rent

    Hi,
    I recently recieved a letter from a debt recovery on behalf for a letting agency about recovering some rent. At the apartment there was only two of us and we both signed a joint and several liability tenancy. we moved out of this apartment about 2 years ago and even got our deposits back. Now im sure that I paid my rent in one sum at the begining of the year and im not sure about my housemate.
    question is do i have to pay for the rent supposebly my housemates owe them?

    thanks

  • #2
    Originally posted by kevin1314 View Post
    question is do i have to pay for the rent supposedly my housemates owe them?
    Both you and the other tenant are jointly and individually liable for all of the rent, so yes, you have to pay if the other tenant doesn't.

    It is possible that you got all the deposit back because the contract didn't allow for deductions to be made for rent arrears - ?

    Are you still in contact with the other tenant?

    Comment


    • #3
      Alternatively, it could be an admin error - perhaps you and your flat-mates have receipts or could get bank statements?

      Comment


      • #4
        I would def ask the debt collection agency to prove the arrears owed or go visit the LA and ask them for a print out. Seems odd after all this time to chase a debt and most agents would not refund the deposit unless all was well - unless of course like Lawcruncher states your AST did not allow the deposit to be used for rent arrears.

        Comment


        • #5
          I suspect that after chasing the other tenant for 18 months or so and getting no-where, the landlord has moved his attentions to OP.

          Comment


          • #6
            Originally posted by kevin1314 View Post
            Hi,
            I recently recieved a letter from a debt recovery on behalf for a letting agency about recovering some rent. At the apartment there was only two of us and we both signed a joint and several liability tenancy. we moved out of this apartment about 2 years ago and even got our deposits back. Now im sure that I paid my rent in one sum at the begining of the year and im not sure about my housemate.
            question is do i have to pay for the rent supposebly my housemates owe them?

            thanks
            The other replies to you are correct. However, surely you have evidence that all rent was duly paid, so simply produce it to the agency.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              well i contacted my housemate and he says he has paid it. this is the first i have heard from the agency about anything i owe them. they didnt even give me any notice just got the debt collectors on me. i called the letting agency and they said the matter has been handed over to the debt collectors.
              they've given me 7 days to pay up 5 months worth of rent. i dont see how a letting agency can forget to collect 5 months of rent.

              the deposit i recieved wasn't the full deposit, they deducted some for carpet cleaning or something even though i paid for a carpet cleaner before i moved out, but thats another story.

              i dont think my house mate has any evidence of paying the rent other than proving he took money from his account from a cash machine. even then i dont think you can get statements printed from 2 years ago.

              going to have to wait till tuesday before i can call the debt collectors and see what evidence they have.

              thanks for all the help.

              Comment


              • #8
                Oh dear - you really want to sort this because it will go down on your credit record and cause you all sorts of problems.

                You (or your ex-flatmate) should be able to get copies of statements from 2 years ago, although if they only show cash withdrawls, that's not going to get either of you very far. If you can't provide any proof of payment, (eg rentbook, receipts, statements) then I'm afraid you're stuffed. Sorry.

                Good luck.

                Grrr
                IANAL (I am not a lawyer). Anything I say here is just an opinion, so should not be relied upon! Always check your facts with a professional who really knows their onions.

                Comment


                • #9
                  Okay, you need to get as much evidence as you can that the money they claim has been paid. The debt collectors and/or landlord don't have to prove anything or have ANY evidence - they have proof that rent was due (your signed tenancy agreement) and you have to prove you paid it.

                  In the civil courts, decisions are made on what the judge believes actually happened - this does not mean you necesserily need hard proof - but you are going to need something. Bank statements (iirc) are available for 6 years, so time to get some print-outs. Search your old paperwork for receipts etc. "I paid it guv - honest" isn't going to be enough.

                  The fact that LL did not take this 'rent' from your deposit counts for very little - some tenancy agreements do not permit the deposit to be used for rent payment.

                  Comment


                  • #10
                    So your flatmate withdrew a similar amount of money from an ATM on roughly the same day each month for five months? If he can get the printouts for this, it may help him persuade a judge 'on the balance of probablilities' that he paid his rent.

                    And are you saying he then paid it in cash to the LL but did not ask for a receipt? That seems unlikely, doesn't it?
                    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                    Comment


                    • #11
                      Yeah we paid it cash and i doubt my housemate will still has his receipts from 2 years ago because im pretty sure he would have just chucked it away. I have my receipt of my one of payment at the beginning of the tenancy.

                      Doesn't the landlord need to give some kind of notice before even going to the debt collectors?
                      The Landlord didnt even try to contact me through phone or letter or email from me or my hosuemate about this missing rent in the past 2 years.

                      Comment


                      • #12
                        Originally posted by kevin1314 View Post
                        Yeah we paid it cash and i doubt my housemate will still has his receipts from 2 years ago because im pretty sure he would have just chucked it away. I have my receipt of my one of payment at the beginning of the tenancy.

                        Doesn't the landlord need to give some kind of notice before even going to the debt collectors?
                        The Landlord didnt even try to contact me through phone or letter or email from me or my hosuemate about this missing rent in the past 2 years.
                        Landlord soesn't have to serve any notice on you - it was probably the debt companys job to find you. He will have to communicate with you (possibly through the debt collectors) if he wants to take this matter to court. The debt collectors won't be able to do much without a court order.

                        Comment

                        Latest Activity

                        Collapse

                        • Tenant threatens legal action
                          Golip
                          Hi all

                          A former tenant of mine whom moved out without giving 4 weeks notice as per his contract is threatening legal action over a deposit which I did not protect in time and was returned to him in full once the admin error was realised (my farther usually deals with the paperwork)
                          ...
                          16-08-2017, 16:16 PM
                        • Reply to Tenant threatens legal action
                          HantsAgent
                          Without wishing to sound rude, you don't sound at all competent to head this off without help.

                          I'd recommend you instruct a good solicitor specialising in property to deal with this on your behalf.
                          22-08-2017, 05:09 AM
                        • evicting a tenant
                          ferrari-airwolf
                          Hello there, I have been renting my property for the last 2 and a half years and have been doing so with a 6 month AST contract. At the end of the current contract (which I renewed last weekend) I wish to take the property back, I stated this to my tenant before the tenant signed the current contract...
                          20-08-2017, 14:49 PM
                        • Reply to evicting a tenant
                          mariner
                          Get a new GSC arranged. A valid GSC is a requirement during any Tenancy..
                          T does not have to vacate on expiry of Repo Notice, she could remain your T until legally evicted by Court Bailiffs after a further several weeks/months.
                          For ~£50 (tax deductible), is it worth the risk?
                          22-08-2017, 01:50 AM
                        • Joint tenancy deposit responsibility
                          JT1980Lon
                          Hi Guys,

                          I was wondering if you could advise me on where I stand. I have a property which I have rented out for the last four years to a group and each time one person leaves then the original guys source a new person and just give the incoming deposit back to the outgoing person and I...
                          20-08-2017, 11:41 AM
                        • Reply to Joint tenancy deposit responsibility
                          mariner
                          Sloppy LL'ing.

                          When did original Tenancy commence with original Ts?
                          Who, if anyone, still remains?
                          Did you nominate a T to do your job ie return ind deposits, check new Ts for Right to Rent, conduct nec checks on new T?
                          Give permission for him to sub-let?
                          How do...
                          22-08-2017, 01:10 AM
                        • Reply to Joint tenancy deposit responsibility
                          JK0
                          Sounds like the guy who contacted you was your tenant's lodger, doesn't it? Therefore it's up to tenant whether to return deposit or not. (Sounds like room was left in a bad state.)
                          21-08-2017, 23:43 PM
                        • Reply to evicting a tenant
                          ferrari-airwolf
                          Thanks for the confirmation, so would this be ok to send to the tenant?
                          https://www.gov.uk/government/upload...n_property.pdf

                          I am thinking of using this template as it seems to be the best one available. I will send that and a letter stating that I will let them end there tenancy...
                          21-08-2017, 22:41 PM
                        • Reply to Tenant threatens legal action
                          Wright76
                          I suppose on a positive the fact you returned it BEFORE the tenancy ended is in your favour.

                          No win no fee solicitors like straight forward cases.

                          One of the first questions they ask are if there are any rent arrears or claims to damages. You may well ward them off with a ...
                          21-08-2017, 22:27 PM
                        • Reply to Joint tenancy deposit responsibility
                          AndrewDod
                          The short summary is that the situation you have created is the proverbial dog's breakfast.

                          Who is your tenant? The fact that you cannot answer that question means that you are lining yourself up for massive problems.

                          You have two basic types of tenancies - where you have every...
                          21-08-2017, 22:22 PM
                        Working...
                        X