landlord says im in arrear

thesaint

BitterAndTwisted wrote: »

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.

I am trying to find out how a landlord proves something didn't happen.
Nothing more, nothing less.

BitterAndTwisted wrote: »

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".

Forgive me, but this isn't the landlord proving he didn't receive rent, but "sort of" evidence that the tenant did.
So, the onus is on the tenant to prove he paid the rent?

Yorkie1

No. At court, the person bringing the court case has the burden of proof to demonstrate that what they allege or claim is true. In civil law the standard of proof is 'on the balance of probabilities'.

If the LL is suing for non-payment of rent, it is down to the LL to show that it is 'more likely than not' that the T failed to pay the amounts claimed.

dimbo61

I ask for tenants to set up standing order to pay rent into business account!
Same for deposit and first months rent ( pay into business account)
All repair/refurb/replacement costs come out of business account.
Accountant happy and Tax man happy