just vacated, landlord says we owe rent

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  • just vacated, landlord says we owe rent

    basically we moved in to a house 2 years ago after having our house reposessed due to my wife and i loosing our jobs. this house owned by friends of the family was up for sale and we moved in there as a stop gap until it sold. it never did and we were offered a 12month tennancy agreement. the house needed a complete new bathroom (toilet was broken and siliconed back together extensive damp and mould) and new kitchen (unit doors falling off, no handle on back door, no lintel on back door.) this was all promised to be replaced and we chased and chased. the property was then remortgaged and landlords house had a new bathroom and kitchen (nothing for us.) the tennancy agreement ran out and the agreement had been a new agreemtn every 12 months. we had never had a rent book and one wasnt provided when the agreement ran out. still no sign of work being done. landlord then left his wife, we had no contact for a few months and we got basically fed up with living in such disrepair, the bedroom ceiling fell down (which they did replace) the boiler motor burned out. (was fixed again but plumber said system was so old and unsafe he wouldnt work on it again.)( had not been serviced during our time at property)

    we left the property wrote landlord letter saying we vacated and moved in to our new home.

    now old landlord is saying we owed rent and is threatening legal action.

    where do i stand, had no agreement, no rent book (so no track of rental payments) and i can find most receipt of my payments in to his bank and have bank statements showing some payments) but i can find all of them.

  • #2
    1. You do have a Tenancy Agreement. It's oral, not written, but it exists.
    2. Legally, no need for rent book unless weekly rent.
    3. L had duty to keep structure and boiler in good repair. You could bring a substantial claim for damages.
    4. When did most recent year's term begin?
    5. Once those facts are clear, I suggest that you draw up a tabulation. List rent due (to year end) on one side; list rent payments (to date) on the other. The difference is L's maximum rent claim against you.
    6. Separately list approx. cost of undone rectification work. This is probably much greater than rent "arrears" to year end. Invite L to realise this.
    7. Either he can forget those "arrears" (and compensate you for your claim ?) OR just let him try to sue you and you then counterclaim inc. claiming all your legal fees!
    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


    • #3
      q

      many thanks

      Comment


      • #4
        the most recent term started on march 1st

        Comment


        • #5
          Originally posted by welshgc View Post
          the most recent term started on march 1st
          And you vacated on...?
          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


          • #6
            we vacated on the 1st may.

            iv seen in some places that after an original agreement runs out it can either roll on month by month but im not sure.

            also in april he sent a letter stating we owed rent (this was later discovered in a cupboard in his wifes house as i had given t at the door to his mother in law and she hadnt told him) and gave a higher rent figure a month to include arras and then said he wanted weekly payments. (as i have that in a letter can i take action as no rent book was provided even f it was for one month)

            Comment


            • #7
              Originally posted by jeffrey View Post
              1. You do have a Tenancy Agreement. It's oral, not written, but it exists.
              2. Legally, no need for rent book unless weekly rent.
              3. L had duty to keep structure and boiler in good repair. You could bring a substantial claim for damages.
              4. When did most recent year's term begin?
              5. Once those facts are clear, I suggest that you draw up a tabulation. List rent due (to year end) on one side; list rent payments (to date) on the other. The difference is L's maximum rent claim against you.
              6. Separately list approx. cost of undone rectification work. This is probably much greater than rent "arrears" to year end. Invite L to realise this.
              7. Either he can forget those "arrears" (and compensate you for your claim ?) OR just let him try to sue you and you then counterclaim inc. claiming all your legal fees!

              Actually I wouldnt do anything at the moment. Let your ex LL show his hand first, he may not bother.

              Comment


              • #8
                i wouldnt take action unless he does. its just good to know my options. especialy as he has stopped his child maintenance stating us owing him money as reason he's not paying i think at some point action will be taken

                Comment


                • #9
                  14 September 2009 (3).pdf

                  Agreement.jpg

                  attached are some pics of propertyto show extent of problem

                  Comment


                  • #10
                    previous tennants dog ripped lintel of bottom of door and we were promised a new back door as you couldnt use the back door when outside.

                    kitchen unit as above and below totally falling apart, and pic of toilet showing split where previous tennant broke the toilet and siliconed it together. the silicone is now breaking down causing toilet water to leak on to the floor.

                    eviction page 1.jpg

                    Comment


                    • #11
                      Originally posted by welshgc View Post
                      we vacated on the 1st may.
                      Then you are into the first day of a new period, so the owner could charge you a months rent quite legally.

                      However, the information in the pictures I would think sufficient for him to waive his legal right. You are likely to get more back in your counter claim if he ever took you to court.
                      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                      Comment


                      • #12
                        the saga continues

                        had letter from ex landlord stating what he claimed we owe. has charged us for may as we didnt give a month notice and also for june as he said this is how long it would take to clean the mess we left.

                        we cleaned the house before we left. (it was cleaner when we left than when we moved in.

                        he also said he is charging us for june as this is how long it would take to sort out the mess.

                        (we did leave a sofa, wardrobe and futon which i said i would remove or if he wanted to have them removed then i would pay the bill.

                        i think claim and counter claim is coming very close to happening. given 14 days to pay £1600 pound he now claims we owe.

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