landlord says im in arrear

thesaint

BitterAndTwisted wrote: »

If the landlord has been careful not to issue any receipts or keep any verifiable records of the sums paid they are going to have trouble convincing a court of their position.

Landlord turns up in court and says "Your honour, this tenant owed me three months rent by the time he left".

Tenants says "No, I don't. It was only a couple of weeks".

Court official says "Do either of you have any documentary evidence of your position?"

Both reply "Erm no, I don't"

Court official "Why are you wasting our time? The landlord can pay his own costs. Good afternoon"

So, a landlord would have to both issue, and keep a receipt. Interesting.

I am in court tomorrow with my Uncle for a tenants non payment.
I will see if the judge requires the landlord to prove he didn't receive something.

plymguy82

thesaint wrote: »

So, a landlord would have to both issue, and keep a receipt. Interesting.
I am in court tomorrow for non payment, I will see if the judge requires the landlord to prove he didn't receive something.

post on here so can see what happens in court. be interesting to see
if court sides with you or ll

debrag

whats stopping you from moving in with your gf now?

thesaint

plymguy82 wrote: »

post on here so can see what happens in court. be interesting to see
if court sides with you or ll

I have edited the thread. I am attending with my Uncle.

Having read the thread, I am concerned that the judge will require my uncle to prove he didn't receive something.

I am of the attitude that this is impossible to do this, and despite asking many times in this thread, no one has told me how to go about it.

plymguy82

debrag wrote: »

whats stopping you from moving in with your gf now?

her landlord has said that as ill move in her rent will increase slightly and that new tenancy agreement will be signed. we have signed it and as its dated may 1st for first date of tenancy we wont risk moving me in till then

adouglasmhor

thesaint wrote: »

I have edited the thread. I am attending with my Uncle.

Having read the thread, I am concerned that the judge will require my uncle to prove he didn't receive something.

I am of the attitude that this is impossible to do this, and despite asking many times in this thread, no one has told me how to go about it.

The Judge may want to see examples of the paperwork, receipts etc. that he uses when someone does pay. If he has nothing like this the judge may decide the balance of evidence is that your uncle is not credible.

Are you sure it's going to be a judge and not a magistrate or JP?

BitterAndTwisted

thesaint wrote: »

So, a landlord would have to both issue, and keep a receipt. Interesting.

I am in court tomorrow with my Uncle for a tenants non payment.
I will see if the judge requires the landlord to prove he didn't receive something.

Don't be daft. If you issue a receipt, it's perfectly reasonable to retain a copy of it. That's what duplicate books were invented for.

If you went to court claiming the absence of something, like rent-payments, you would need to provide evidence that such a thing was agreed and did not happen. Not giving a receipt for cash, or having a sheet of paper with a dated list on it which both parties sign is extremely foolish if you want to go to court and be credible. It's not even that difficult to do. Unless there's a reason for not keeping accurate and credible records. Like not declaring it for tax purposes.

thesaint

adouglasmhor wrote: »

Are you sure it's going to be a judge and not a magistrate or JP?

I am not sure, would a magistrate or JP require me to prove that something didn't happen?

BitterAndTwisted wrote: »

Don't be daft. If you issue a receipt, it's perfectly reasonable to retain a copy of it. That's what duplicate books were invented for.

If you went to court claiming the absence of something, like rent-payments, you would need to provide evidence that such a thing was agreed and did not happen. Not giving a receipt for cash, or having a sheet of paper with a dated list on it which both parties sign is extremely foolish if you want to go to court and be credible. It's not even that difficult to do. Unless there's a reason for not keeping accurate and credible records. Like not declaring it for tax purposes.

So claiming rent in court without receipts is only an option for a landlord as long as the tenant made payments, and stopped as opposed to one that never paid any rent. That's harsh.

plymguy82

thank you for all ur advice. im currently about turn off pc and put this in van. ill need claim laptop from police tomorrow and landlord is not happy with me as people have suggested. he is currently watching as me and my gfs dad move everything including my mattress out

BitterAndTwisted

thesaint wrote: »

I am not sure, would a magistrate or JP require me to prove that something didn't happen?



So claiming rent in court without receipts is only an option for a landlord as long as the tenant made payments, and stopped as opposed to one that never paid any rent. That's harsh.

You are a slippery one, aren't you? Disclose only a fraction of the actual situation in order to shoot down in flames anyone who comments upon it. Nice debating style you have there.

Kindly note that I said "If you went to court claiming the absence of something, like rent-payments, you would need to provide evidence that such a thing was agreed and did not happen". Which I think would most likely cover your "rent was negotiated but no payments were ever received".

As has already been observed in a civil action the court will decide on the balance of probabilities. One would assume that if the tenant in the case you are talking about actually had paid some rent they would have some evidence of their own. Like "The landlord always demanded to be paid in cash on a Saturday morning and here are the ATM withdrawals showing on my bank statement here. And this is my friend who witnessed me paying the money over every week".