Old Tenant from over 6 years ago requesting money back

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

    Old Tenant from over 6 years ago requesting money back

    I have a tenant who vacated a property over 6 years ago and wants to claim back an overpayment in rent which she thinks she has paid. Whether she is right or not I am yet to investigate, but as it was so long ago do I have to even entertain it?

    #2
    Tell her that you only keep records for 6 years as required by law, and so cannot find out if there is any truth in her claim.
    She will get nowhere.
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      Over 6 years..............law of limitations 6 years. (If that's the right term)
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Originally posted by jta View Post
        Over 6 years..............law of limitations 6 years. (If that's the right term)
        Almost - Limitation Act 1980!

        #R1chard, has she made any attempt to contact you about this in the last 6 years? What are the actual dates of the tenancy?
        How is she claiming it was overpaid - for example, did they move out mid way through a tenancy period that they had paid in full for?

        Comment


          #5
          She started the tenancy February 2007 and she vacated in March 2008 and claims she paid the first months' rent, and the council also paid the first months rent. She has supporting evidence and today is the first time she has contacted us in the last 6 years.

          Comment


            #6
            I make that less than 6 years since she left. R my sums rong?
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              I am not sure*, but if the key date is March 2008 she is still within her 6 years. Are you still at the same address as was given as the 'address for service' on the tenancy agreement?

              * we have had a similar discussion regarding limitation with regard to deposit non-protection claims and the stronger view seemed to be that (with regard to deposits) the date was when it was paid, not when the tenancy ended. I don't share that opinion as the deposit was still held at the end of the tenancy.

              Comment


                #8
                She has supporting evidence to prove it

                Comment


                  #9
                  Yes it is your are right we are still at the same address but I now run the business and not my father who was a the time this occurred he is now retired

                  Comment


                    #10
                    If her evidence is valid and concurs with your rental account, where is the dilemma?
                    How much is claimed?

                    Comment


                      #11
                      She may have supporting evidence, but if she is affected by limitation she won't be able to enforce it through the courts (you will still owe it). You really need to get some legal advice about the 6 years.

                      Comment


                        #12
                        I haven't fully investigated and do not know how she got to her figures but she wants over £1500 we were mainly wondering if the limitation period was 6 years or less and whether she had a valid claim as its been so long.

                        Comment


                          #13
                          The limitation period is 6 years, but from when?

                          Comment


                            #14
                            So that's the key point isn't it for my sake I hope its from the time she paid it which makes its over 6 years and not from the end of the tenancy. I only took over the company in the last 15 months so haven't got this money to hand!, and don't want to ask my father for the money as he is retired!

                            Comment


                              #15
                              Originally posted by R1chard View Post
                              I have a tenant who vacated a property over 6 years ago
                              Originally posted by R1chard View Post
                              she vacated in March 2008
                              As pointed out, you are incorrect.
                              It seems you acknowledge that this money was indeed overpaid.

                              Do the right thing. If you can't repay in one hit, make a payment plan to pay "x" amount per month until paid off.
                              Allow tenants to protect their own deposits. I want free money when they do it wrong

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X