Rent arrears and burden of proof. Urgent, please help

simplemind_2

Hi Everyone,

I moved into my previous flat in May 2003 and I paid 4 weeks rent in advance and £500 deposit, both by cheque. The rent was increased once in 2012. I have never missed a payment during my tenancy there. I duly gave 4 weeks’ notice on 10/12/12 and moved out on 05/01/13. I didn’t pay any rent after giving the notice. Now the landlord is saying that their ledger is showing that I am in arrears and if I can’t prove otherwise I owe them 4 weeks rent.

I don’t have the old bank statements or the cheque book anymore nor do I have an account with that bank. Can anyone please advise me how best to deal with this?

Also throughout November/December due to a leak in the water pipe and boiler problem, for some time I had no hot water or running water at all and I had to go to a B n B and pay from my own pocket.

Thanks

lighting_up_the_chalice

As it would be impossible for a LL to prove that a tenant DIDN'T pay rent, the onus is on you, as a tenant, to prove that you did.

Were you charged rent at the flat while in the B+B?

vectistim

Why did you give 4 weeks' notice as opposed to 1 month?

Given the dates you've supplied I would have expected your tenancy to run from 6th of one month to the 5th of the next (based on you moving out on the fifth).

If that is the case then you didn't supply a full one month's notice, and your notice given on 10/12/12 would be to provide one month's notice from 6/1/13 to terminate 5/2/13.

Without more information, I would guess this is the most likely explanation. (The alternative explanation, assuming your notice period was valid would be that the landlord has got confused about the in advance idea)

If the landlord says they have a ledger showing you are a payment short, ask for a copy of it.

simplemind_2

lighting_up_the_chalice wrote: »

As it would be impossible for a LL to prove that a tenant DIDN'T pay rent, the onus is on you, as a tenant, to prove that you did.

Were you charged rent at the flat while in the B+B?

Hi,

Thanks for your reply.

Yes, I was charged rent.

During the nearly ten years of tenancy he never raised an issue about missed rent payments and as I always paid by standing order there wasn't any chance of missing payments.

Is it possible to get 10 year old bank statements?

Kynthia

Did you pay rent on a four weekly basis instead of monthly?

When you moved in during May 2003 you say you paid a deposit and four weeks rent in advance. Did you also pay for May's rent at the same time or was that what the four weeks rent was covering. If so, as you usually you pay rent in advance that means you should have still paid for your last four weeks in the property.

lighting_up_the_chalice

simplemind wrote: »

Hi,

Thanks for your reply.

Yes, I was charged rent.

During the nearly ten years of tenancy he never raised an issue about missed rent payments and as I always paid by standing order there wasn't any chance of missing payments.

Is it possible to get 10 year old bank statements?

Yes. But there may be a charge. Did your landlord never give you a rent account statement?

simplemind_2

Kynthia wrote: »

Did you pay rent on a four weekly basis instead of monthly?

When you moved in during May 2003 you say you paid a deposit and four weeks rent in advance. Did you also pay for May's rent at the same time or was that what the four weeks rent was covering. If so, as you usually you pay rent in advance that means you should have still paid for your last four weeks in the property.

I paid weekly and started paying rent from the very first week of tenancy. Which means I paid June's rent in May.

simplemind_2

lighting_up_the_chalice wrote: »

Yes. But there may be a charge. Did your landlord never give you a rent account statement?

Unfortunately, no.

conradmum

Ask him which month he thinks you missed payment. I think there's a legal limitation on how long a debt can be held against you. You can find out on the Debt-Free Wannabe board.

simplemind_2

vectistim wrote: »

Why did you give 4 weeks' notice as opposed to 1 month?

Given the dates you've supplied I would have expected your tenancy to run from 6th of one month to the 5th of the next (based on you moving out on the fifth).

If that is the case then you didn't supply a full one month's notice, and your notice given on 10/12/12 would be to provide one month's notice from 6/1/13 to terminate 5/2/13.

Without more information, I would guess this is the most likely explanation. (The alternative explanation, assuming your notice period was valid would be that the landlord has got confused about the in advance idea)

If the landlord says they have a ledger showing you are a payment short, ask for a copy of it.

I gave 4 weeks notice as I paid weekly and the rent went out every Friday.

simplemind_2

Thanks. I've asked for a copy of the ledger starting from May 2003.