Rent arrears and burden of proof. Urgent, please help

Kynthia

The onus may be on you to prove you paid the rent but I would expect the landlord would have to tell you what month was unpaid. I would definitely as for a rent statement.

martindow

Shouldn't the LL have provided a rent book if the T is paying weekly rent (post #7)? If this was not supplied would this weaken the LL's position?

princeofpounds

Shouldn't the LL have provided a rent book if the T is paying weekly rent (post #7)? If this was not supplied would this weaken the LL's position?

This.

http://www.legislation.gov.uk/ukpga/1985/70/crossheading/provision-of-rent-books

I *think* a level 4 fine is up to £2500, might make the landlord think twice about their situation.

You should also be able to access old bank statements but there might be a data access fee as someone pointed out.

If the landlord wants his 'arrears' he will have to sue you, and any case will be decided on the balance of evidence as it will be a civil proceedings.

You should ask the landlord to detail his claim to you in writing so that you can figure out why his understanding of the situation is different to yours. Make it brief - you don't have to actually do anything else right now unless a court date drops through your inbox (althought getting the ball rolling on the statements would be a good idea). This could help pinpoint any misunderstandings and also prevents the landlord wiggling around as to what he is actually claiming.

You might wish to mention the lack of a rent book too, but you should word it carefully to avoid it sounding like too much of an open threat.

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.

Unfortunately this is no longer particularly relevant as you are a tenant, although if you dealt with the situation correctly at the time (writing the correct letters, keeping receipts etc) you might be in a position to claim back some costs.

simplemind_2

Thank you all for your advice so far.

The LL is saying that I didn't pay rent for 4 weeks when I moved in to the flat in May 2003. Hence I owe 4 weeks' rent. I'll need to get the bank statements for that period to prove him wrong.

simplemind_2

martindow wrote: »

Shouldn't the LL have provided a rent book if the T is paying weekly rent (post #7)? If this was not supplied would this weaken the LL's position?

Should he have provided a rent book at the end of tenancy or every month/year?

Thanks

barnaby-bear

simplemind wrote: »

Should he have provided a rent book at the end of tenancy or every month/year?

Thanks

...errr.... at the start and used it throughout :rotfl:

Thrugelmir

simplemind wrote: »

The LL is saying that I didn't pay rent for 4 weeks when I moved in to the flat in May 2003. Hence I owe 4 weeks' rent. I'll need to get the bank statements for that period to prove him wrong.

Given the dates in question. I would take the view that claiming the money now is unreasonable. Collection of the debt by any legal means would be nigh impossible. As you would be given the benefit of the doubt.

newsgroup_monkey

Limitations act 1980?

http://www.legislation.gov.uk/ukpga/1980/58