Questions over rental

tranmereforever · 4 April 2017 at 5:14PM

Right just got his forms out

The letter from the LL clearly says July 2nd on numerous occasions including the end line of "You will leave the property in first class condition on/before 2nd July failure of which will see further action taken"

The section 8 says grounds 8,10 and 12

And says my brother is in arrears of £1658 under section 8 reasoning- which is different than the Money Claim issued same day

And then further down says Court proceedings will not begin until after April 30th

So really confused now

tranmereforever · 5 April 2017 at 9:03AM

Just a quick bump as going over this afternoon to sort the letter out

For now should I just focus on getting a breakdown, should he mention the section 8 and Money Claim do not match?

Pixie5740 · 5 April 2017 at 9:23AM

Yes, focus on getting the rent statement from the landlord and worry about the amounts on the Section 8 and MCOL later once you've worked out exactly how much it is your brother owes.

Guest101 · 5 April 2017 at 9:59AM

tranmereforever wrote: »

Hiya,

Just been to see him,

So some of the answers above

It is a private landlord, the property he is moving back to is our aunts and is cheaper, he is in a better place now so on his feet

In the contract for charges it states:

To pay interest upon any late payments at 2% above Bank Of England Base rate per day for any amounts that are more than 7 days late whether requested or not - Yes but that's per year, not per day. So it's a yearly interest rate, calculated on a per day basis. Which is Outstanding amount *102.5 /365 * number of days late

I am not sure if it makes a difference but the contract also states in the LL obligations that the deposit will be protected within 30 days. - is it not?

As an update today he has received two Moneyclaim forms from LL but they do not match in any way the rent arrears stated in the section 8 ( not sure if that is relevant ) - Not really, he could claim a million if he wants, doesn't mean hed win

One is for £440.80 ( period Jan 2016 to June 2016 ) and the other is for £181.26 ( Dec 2016 ) - strange he filed it as two claims...

Obviously he has 14 days to respond to them which I will make sure he does. - good, otherwise he gets a default judgment

In terms of the deposit scheme he started the tenancy is June 2015 and it was protected in Feb 2016, he has a letter from the LL in July 2015 stating it was protected and another ( after brother had chased for confirmation ) in Jan 2017 saying " I did not protect the deposit as I felt it was unnecessary at the time" it was only after one more time of writing to him it was protected - in which case he can sue the LL for 1-3x the value of the deposit

I think if a compromise can be met it would suit all parties I am just not entirely sure how the letter should be written. If he puts forward a mutual agreement saying he will not pursue the LL for the protection if an agreement can be found on date/ arrears paid would that work against him if its rejected and he takes the LL to court for the protection

Really appreciating the help

That would be short sighted. The LL's claimed charges are likely to be thrown out and he receive the correct amount as calculated above.

tranmereforever · 5 April 2017 at 2:54PM

Just wanted to say thanks for the replies,

Have done a letter with my brother today and sent it recorded,

Will let you know once we have a response

tranmereforever · 17 April 2017 at 8:15AM

Hiya all,

Just to give a bit of an update,

Spoke to my brother and going over tomorrow to do the claim forms for him

The LL received the letter on the 6th April ( recorded ) but we have had nothing back, assuming he does not tomorrow do we pay the claim amounts or defend on the basis he has had no response from the landlord, my brother cannot understand the amounts saying are outstanding so thinks they are charges but are unsure

tranmereforever · 18 April 2017 at 4:19PM

Just a quick bump to say nothing at all received from LL and he is not answering phone so a bit stumped on what to do now

tranmereforever · 19 April 2017 at 12:39PM

Out of interest should a Letter before action had been sent from the LL before Moneyclaim as he has not had anything prior to the claim

G_M · 19 April 2017 at 1:05PM

Is the rent now up to date? That is the first thing to do.

If you have not had a rent statement from the LL, then work out your own with your brother. Create a simple spreadsheet on paper or computer with 5 columns:

* Amount of rent (ie the monthly/weekly rent. Should be the same each time)
* Date rent due (ie 1.1.17; 1/2/17; 1/3/17 etc., starting from the date the tenancy started
* Amount actually paid
* date actually paid
* balance (ie £0 if paid up to date, or -£500 if a payment was missed and there are arrears)

The final column may vary as the arrears increase (or decrease if all/part of the arrears are paid off).

Once you've worked out what the arrears are

a) pay them, and
b) pay the late payment fee as calculated by guest above
c) write informing the LL of this, enclosing the rent statement, and late payment fee calculation.

The S8 Grounds 8 & 10 both relate to arrears, so will then be invalid if the arrears are paid off.

S8 ground 12 is "Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed."

So other than rent, what else has your brother done wrong?

tranmereforever · 19 April 2017 at 1:17PM

Thanks for the reply,

Not sure as its just stated ( ground 12 ) but no explanation with it

With regards to the money claim as above should a letter before action been issued? I know with companies it is common practice to but not sure it relates to tenancy agreements

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