Rent dispute

Kathymel

theartfullodger wrote: »

As neither of you has any evidence I cannot see how a judge could rule in favour of either, should it get to court: However, worth an LBA just in case is blinks 1st & pays...

How much are we talking?? Small claims fees are not that high (on the website)

It's over £500. I'll have a look at the fees, thanks.

plumfin

Kathymel wrote: »

This is what I have written so far to send to the LL. I would really appreciate some input on this before I click send if anyone has anything illuminating to add ...




Dear ****,

In your email of 7 Aug you state, ‘I’m afraid I cannot send you any further evidence to confirm our position than what you’ve already received.’ Do you mean by this that you:

a. have no further evidence, or
b. that you have evidence that you cannot, for reasons of data protection, share?

If a: The only evidence you have provided is a spreadsheet. This is open to human error and is not sufficient evidence to prove your position. As I also cannot access evidence owing to *****’s delay in bringing this to my attention, we are in rather a stalemate for which I hold ***** responsible. Had the matter been bought to my attention in an accurate and timely manner, we would not now be in this position.

The limited correspondence I had received up until I submitted my notice (and much of that received beyond that date) has been consistently inaccurate as to when the alleged shortfall occurred. Earlier, accurate notice that ***** believed there was a discrepancy would have allowed me to check my accounts and either disprove it or correct it. As it is, it has taken ***** ten years to finally understand its own records with enough clarity to pinpoint the date that they believe the shortfall occurred, leaving me with no way of clarifying the position for myself.

If b: It will be necessary to find some way of making the information available to me.

Please confirm which of the two options is the case and what action you intend to take to rectify this situation if you indeed have no further evidence.

Regards,

Kathy

I have to be honest, I think your letter is too waffly and I don't mean that offensively.

In your letter, you are giving the landlord options that, personally, I think will not benefit you. I would put that you assume that as they have no further evidence, they accept they are in the wrong and that they will refund all monies with immediate effect. Give them a time and date this needs to be by, this may well be the letter before action element, but will defer to better legal minds than mine.

Slim the letter down, be clear and definite that they are in the wrong, don't give them the option to try to delay this and defend again. They can't and have admitted it. To give them a further opportunity is like Mrs Doyle's "are you sure, go on, go on". Politely demand your money back within the next 7 days as they can't prove their position and move to small claims court if they won't

Hope this helps.

Kathymel

plumfin wrote: »

I have to be honest, I think your letter is too waffly and I don't mean that offensively.

In your letter, you are giving the landlord options that, personally, I think will not benefit you. I would put that you assume that as they have no further evidence, they accept they are in the wrong and that they will refund all monies with immediate effect. Give them a time and date this needs to be by, this may well be the letter before action element, but will defer to better legal minds than mine.

Slim the letter down, be clear and definite that they are in the wrong, don't give them the option to try to delay this and defend again. They can't and have admitted it. To give them a further opportunity is like Mrs Doyle's "are you sure, go on, go on". Politely demand your money back within the next 7 days as they can't prove their position and move to small claims court if they won't

Hope this helps.

Hi Plumfin. Thanks for the advice. You may well be right, but that email went off a few days ago and the reply to it was that they have no further evidence.

I will try your tack of specifying a set period in which they should refund the money. The wording of my current email is less assertive than that. Unfortunately, they have to apply to head office for any cheques they need to issue, so it already takes an age.

G_M

Dear Mr Landlord,

Thank you for your reply dated xx/xx/14.

I note that you are unable to provide any evidence of the existance of any rent arrears. I note also that in the 10 years since 2004, when you allege the arrears accrued, you have made no effort either to advise me of any arrears, nor to request payment for said alleged arrears.

I therefore request that you refund to me, within the 7 working days, the amount of £X, comprising

1) £A to cover the period 11th to 19th May (rent paid 19th April coverered 19th April - 18th May, but tenancy ended by agreement on 10th May)

2) £B to cover the Standing Order paid on 19th May in error

3) £C to cover deposit paid at commencement of tenancy.

With many thanks,

A Tenant

(sorry the dates may be wrong but you get the idea)

Kathymel

Thank you, GM. That's perfect!

Kathymel

An update.

Having been to the CAB, Shelter and a solicitor, I wrote to the LL again last month.

The solicitor had stated:

1. The LL's spreadsheet was insufficient to prove arrears and the onus of proof is on them.

2. Regardless of the LL stating that each payment received goes to cover the oldest debt, the original debt, should it exist, would be 10 years old, had never been brought to my attention prior to this and is, therefore, statute barred.

I informed the LL that there were no legitimate grounds to continue withholding payment and requested a cheque within 14 days. Failure to comply to result in commencement of court proceedings.

Nada. No reply. Emailed him to ask him to confirm receipt of letter 2 days ago - no reply.

I looked at the LL's website (they're a national charity), read their complaints procedure and decided to contact the Director for my region before I go the legal route.

Fingers crossed.

lawriejones1

You should also contact your local paper, the Money Matters pages of your favourite national daily newspaper and then let their press/PR department know.

This sort of case makes a good story, and they won't want the bad publicity. It's also worth using Twitter to contact them.

At all times remain cordial and polite.

G_M

I think you've been more than patient, given them plenty of time, and now need to go to court........

Just get on with it.

Kathymel

lawriejones1 wrote: »

You should also contact your local paper, the Money Matters pages of your favourite national daily newspaper and then let their press/PR department know.

This sort of case makes a good story, and they won't want the bad publicity. It's also worth using Twitter to contact them.

At all times remain cordial and polite.

I've gone the newspaper route before with housing injustices, so I've thought about it. I just wasn't sure if doing that would harm my case should I end up in the courts with this one.

G_M wrote: »

I think you've been more than patient, given them plenty of time, and now need to go to court........

Just get on with it.

Their own complaints procedure is to escalate it through the local, regional and national offices. I thought if I hadn't done all that first, a judge might be critical.

Of course, there is also the reluctance to go to court at all. I've never done it before and it's completely intimidating. If I lost and had to pay their costs it would finish me off financially.

G_M

So how far through the internal complaints procedure are you? Whichever route you decide on (publicity, internal complaints, courts) it is time to move!