Can T stop paying rent; can L deduct from deposit?

[westminster]

No, the postal rule is the rule that when a letter is posted in a postalbox as first class it is deemed to have been recieved the moment it is posted - irrespective of proof of postage or even if it reaches its recipient. Its quite well established case law. Unless the lease specifically precludes the postal rule for disrepair then it applies.

Having Googled, it seems that the postal rule applies only to acceptance of a contract. e.g. http://en.wikipedia.org/wiki/Adams_v_Lindsell
http://en.wikipedia.org/wiki/Henthorn_v_Fraser

[westminster]

Why would they need a witness? There is plenty of caselaw whereby a witness has not been required if i recall correctly. Lets be honest a county courtroom isnt exactly the same as standing up in a crown court giving evidence.

The burden of proof is certainly less in the civil court. It doesn't mean the court won't question the defendant about his version of events, and simply take his word for it that he reported the disrepair in a letter. If he doesn't have proof of posting, or a witness, or a plausible explanation as to why he didn't phone British Gas, then why would a court believe he's telling the truth, especially when LL has no reason whatsoever not to respond to a reported disrepair, and has a proven history of responsible maintenance and inspection of the boiler.

[jamesy1975]

urgent help needed with letter about witholding deposit

hi all - following on from my post last week about if i could withhold some deposit from my ex-tenants because they neglected to inform me that the central heating was broken for months and this in turn had cost me money in lost rent from the new tenants and cost in painting the flat due to damp.

I followed the DPS procedure and they have now texted me to ask for the reasons why i want to withold some of the money. They said in the text they want me solicitors details because they only want to communicate through solicitors from now on. all very un-neccessary.

anyway, i am composing a letter to them to explain the reaosns behind the deductions but i wondered if someone could advise me of the following:

1. is there anything i should put on the letter such as 'letter before action' or 'without predjuduce'?

2. i do not have a solicitor, but if their solicitor wants to write to me they can i suppose. however, what should i say in response to this?

3. if the deposit has been protected by the DPS is there any rules or regulations they need to abide by , such as going through the DPS route rather than through solicitors etc?

thanks so much - i will keep the letter very un- emotional and friendly but professional, but want to make sure im doing this right. i will also make sure i send it recorded delivery.

thanks very much

[MrJohnnyB]

1. Explain the situation - damp caused through lack of tenant like behaviour in reporting fault.
2. Explain you do not see the need to use a solicitor at this stage but all correspondence can be forwarded to you.
3. Advise that there is a dispute resolution service offered by the TDS and they should contact them as per the information you provided at the inception of the agreement.

No need to mark it letter before action - you're intending to take action regardless of any of the content of your letter. If you think you may wish to make further deductions for other monies you may wish to mark it Without Prejudice. But i doubt anything covered in this letter should prejudice any further claim you have. Without Prejudice letters tend to be used in situations whereby you are making an offer in settlement etc.

[jamesy1975]

thanks for the quick reply. its just the whole ' all contact will be via our solicitors in future'.. i feel like teling them they need to grow up a bit before renting another property...

[MrJohnnyB]

thanks for the quick reply. its just the whole ' all contact will be via our solicitors in future'.. i feel like teling them they need to grow up a bit before renting another property...

Yeah, the thing is they've said that in an attempt to try and scare you, obviously you're not obliged to use a solicitor and quite frankly in this situation there really is no need to as yet - I'm sure they're not using a solicitor themselves why on earth is a solicitor going to want to listen to whiney tenants saying "its not fair". The DPS have a dispute resolution service which is more than capable of dealing with this situation.

[westminster]

2. i do not have a solicitor, but if their solicitor wants to write to me they can i suppose. however, what should i say in response to this?

They are idiots to waste money on a solicitor over a dispute like this; it'll cost them more than the money they're disputing. Just tell them their solicitor can write to you.

3. if the deposit has been protected by the DPS is there any rules or regulations they need to abide by , such as going through the DPS route rather than through solicitors etc?

The DPS (http://www.depositprotection.com/) should be notified of the dispute. Then, either both parties agree to use the scheme's (optional) dispute adjudication service, or you or the T can opt out and claim via the county court.

If that happens, then the DPS will hold the deposit until you or T submit the court order instructing the DPS to pay out (N.B. the court order must specifically instruct the DPS).

(Assuming the claim is less than £5,000 it will be allocated to the small claims track. You don't need a solicitor for small claims).

[Moderator1]

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