Ex landlord sent my guarantor a rent arrears letter

Sambles

Hello, just looking for some general advice for now.

I moved out of my previous property, which was an assured shorthold tenancy, last October.
Today, the guarantor I used with my ex partner received a letter demanding they pay £699 rent arrears within 5 days or they're going to court.

My notice to leave was legal, I sought advice after they initially tried to claim I needed to give them two months notice- I didn't, it was an ASH that had become a rolling contract agreement. I sent this in recorded delivery, it was accepted, they then called me to say they had accepted the first one (they hadn't when I spoke to them on the phone, which was the whole reason I sought advice!) but would now accept this new date.

Moved out that day, handed the keys back to the agent from within the property itself, they had arranged viewings immediately from the time I was to be out by.

I called the number that was on the letter my guarantor received, it was for the rental office.

Been waiting a couple of hours to hear back from them now to see what the deal is, they've made no attempt to contact any of us in the past 7 months, aside from sending letters to the property that we used to live at. The one they rent out. The one they know we were no longer at!

I've had the same telephone number for over 5 years, which is noted in the contract. My guarantor hasn't changed number or moved either. Is this considered 'normal' behaviour?

I intend to ask to see a copy of the inventory from when we moved in, any photos taken when we moved out, I want a copy of the contract and the page the guarantor signed (I have them, but I'm curious if they do) and to know why no contact attempt was made. Obviously also a breakdown of this £699.

Anything else I should request?

The only reason I can think of for this delay is that the house was broken into several days after I moved out (I was told by a neighbour) so I assume their insurance claim fell through and they're trying to get something back.

The only damage to the house was the gate was stolen after I signed the contract, but before we moved in, the fence blew down (and was left at the side of the house for 8 months after they failed to do anything with it) and the lino in the kitchen was ripped up and replaced with laminate flooring. Carpets had normal wear and tear, and I painted the walls back to the original colour before moving, as requested by the company.

Thanks

rentergirl

You have copies of everything available in writing? file this under 'nice try.' explain to your guarantor, and write a firm letter to the agent. If they do pursue this, I suspect they don't have a leg to stand on. Good luck. This is why asking for guarantors is going to diminish, simply as guarantors will start to refuse, and the practice will vanish (just as those requests for a 'company let' - anybody else remember that?)

vax2002

Inform the agent of your addresses at once and state you wish to be dealt with directly as the principle contract party, that you require a fully TAXED breakdown of any monies they believed to be owed.
That you will be instructing your solicitor to bring flagrancy damages compensation in the Harassment of the guarantor continues which is causing distress and Alarm of a sum not less than £15,000 unless this matter is brought to conclusion
Any application to a court in absence of the request to deal with the principal contract holder first will be deemed as deliberate Flagrancy and malicious intent .

BitterAndTwisted

I don't think the guarantor needs to respond in writing to anything. That will only make the landlord and their agent feel like they're getting somewhere with their spurious claim.

OP: if you are completely confident that you gave the correct notice just do nothing. If they want to start court proceedings, let them waste their money.

DVardysShadow

vax2002 wrote: »

Inform the agent of your addresses at once and state you wish to be dealt with directly as the principle contract party, that you require a fully TAXED breakdown of any monies they believed to be owed.
That you will be instructing your solicitor to bring flagrancy damages compensation in the Harassment of the guarantor continues which is causing distress and Alarm of a sum not less than £15,000 unless this matter is brought to conclusion
Any application to a court in absence of the request to deal with the principal contract holder first will be deemed as deliberate Flagrancy and malicious intent .

vax2000: You are going OTT with this.

Sambles: Did you advise the Agent or the Landlord of your new address? If so, just write to whoever is bothering your guarantor and ask them the deal with you in the first instance and forward copies of all correspondence they have sent so far. If you did not give your new address, write to them with it now and ask them to reply with a statement of their claim.

Sambles

Much appreciated everyone, it turns out the landlord is contesting my final day and trying to claim another months rent.

I have the documents stating that my lease runs from the 18th May, and was to expire after 6 months on the 17th November (I was there approx 18 months), so that my rolling month was 18th-17th.

They're trying to claim my month would be the 12th-11th as that's when I paid and signed the initial contract, but we couldn't move in as someone had helpfully stolen the boiler.

DVardysShadow

Sambles wrote: »

.... They're trying to claim my month would be the 12th-11th as that's when I paid and signed the initial contract, but we couldn't move in as someone had helpfully stolen the boiler.

Did this put you to extra expense? If so, consider a counter claim. And right now, rack your brains for evidence that the tenancy did actually start on the 18th. It may be that strictly they are right that your tenancy did start on the 12th - but you are due compensation.

G_M

Sambles wrote: »

Much appreciated everyone, it turns out the landlord is contesting my final day and trying to claim another months rent.

I have the documents stating that my lease runs from the 18th May, and was to expire after 6 months on the 17th November (I was there approx 18 months), so that my rolling month was 18th-17th.

They're trying to claim my month would be the 12th-11th as that's when I paid and signed the initial contract, but we couldn't move in as someone had helpfully stolen the boiler.

The date you pay, and the date you sign the contract are irrelevant. What matters is the 'Start Date' on the contract.

What documents do you have and what exactly do they say?

Sambles

The contract start date was for a 6 month fixed term tenancy, from 18th May 2009 until the 17th November 2009. Those are the lease dates on the front page of the contract.

I was there until October 17th 2011. I signed no other documents at all. I still have the full contract.

I've been in touch with the lettings agency a few times now, they're still trying to say I had to give 2 months notice (which I would have, were I still in the fixed term). I gave them a calendar months notice, sent via recorded delivery. When I tried to argue this with them, they said they were just there to accept payment, and I would have argue any points with the solicitor.

I also checked with my guarantor, and the letter from the solicitors demanding payment in 7 days was sent by normal post, not recorded delivery (seems a bit odd as he could have been away). The deadline for payment was 4pm yesterday.

The letter states I owe £699.33 arrears, the rent itself was only £390 a month. No breakdown of how they got the other figures at all so I can only assume charges and interest.

I no longer qualify for legal aid due to a pay rise, I'm still more than willing to pay twice as much to fight them as I believe myself to be in the right. I'm fully expecting them to go to court over it also.

chappers

Sambles wrote: »

I've been in touch with the lettings agency a few times now, they're still trying to say I had to give 2 months notice (which I would have, were I still in the fixed term). I gave them a calendar months notice, sent via recorded delivery.

You were in a stautory periodic tenancy and only had to give 1 months notice, which had to coincide with the rental period. So to leave on the 17th October you should have given notice by the 18th September.
Incidently you need give no notice to leave at the end of the fixed term.

BitterAndTwisted

You are not required to give any notice at all if you are planning to vacate at the end of a fixed-term although it would be sensible to, because you would have to arrange a convenient day and time for the check-out inventory to take place and hand back the keys. Once your are on a rolling periodic tenancy you have to give one month's notice i.e. they need to have received your formal written notice before the 18th of September in order to leave and not be liable for the rent for another month.

If that £699 includes the month's rent from 18th of October to 17th of November and you did give them adequate notice they will fail in their attempt to wring that out of you in court.

Have you asked them for a full break-down of their claim and a rent-statement for the whole of the tenancy IN WRITING?

ETA: You won't need Legal Aid for this, you've got us. If you feel that you'd prefer to have qualified advice that you can trust, rather than numpties on a forum, why not consult the Shelter website for confirmation?