Being taken to court for unpaid rent for 3 months we were not there. HELP!

olly300

doodledoodle24 wrote: »

I put the following letter through the LL's door on Monday and haven't heard from her yet.


'I am one of the tenants that signed an agreement to rent out your property XXXX, from 2nd March this year. You are currently taking me, the other tenant and my guarantor to court on the 15th of this month for not paying rent and to gain back possession.

I am writing to ask if there is anyway that we can come to an arrangement without taking this matter to the court. The letting agent made it clear that you wanted everyone out of the property and we agreed with them that we would be out at the end of June. The keys were given back on Monday 14th July.

I have a letter dated 3rd July from the letting agent asking about the keys as they hadn’t been returned yet. As the keys were not given back a full 11 days later, I feel that we owe you the rent up until 14th July.

If you could please get in contact with me before the court hearing to come to an arrangement to pay this, you can contact me on.'

If you we're the LL would this have got your back up?

I presume you kept a copy of that letter? As you are trying to mediate.

The other party may make claims in court that you did a runner and made no attempt to pay them back which is why they had to go through this process.

I hope you have also checked with the other defendents that none of them have received a letter warning them that they would be taken to court if the rent wasn't paid (as mentioned before). Also check that there isn't a clause in the rental contract or the agents T&C stating if you don't pay rent they will take you to court.

If none of you have received a letter and you can show you have tried to mediate then you should attempt to get the case thrown out. However some judges don't believe people who say they haven't received "Letters Before Action" or warnings that they would be taken to court if they don't pay up, so a copy of your attempts at mediation may help you.

BTW I sent you a pmed on something else you mentioned before.

Melissa177

clutton wrote: »

oops - i didn't take it as a slur at all - i took it as a compliment but i only wish that i knew what "minted" meant !!

It's a (generally yorkshire?) phrase for "wealthy"

coal9011

Melissa177 wrote: »

It's a (generally yorkshire?) phrase for "wealthy"

Sorry Melissa177, no "cheek" intended whatsoever. Merely apologising for not recognising the posters sex and pitching in with a little compliment at the same time ............................. you "foxy" thing you!

clutton_2

well, i just wish i was more "minted" than i am right now !!! unlike popular opinion being a LL does not mean that my trousers fall down due to the weight of my wallet !!!

Badger_Lady

Just want to wish you luck with the letter - it sounds very reasonable to me, but I guess it depends on how much the LL wants to "bleed you dry".

It certainly seems as though you made an early agreement, and hopefully that will be enough to shake the LL up enough to consider settlement. You may not have enough evidence to work in Court, but don't completely give up on the argument if a settlement isn't reached - you can still state your case and have it taken into consideration.

Use all the advice you were given re: unlawful eviction. After all, it was the LL who failed to give proper notice and just "kicked you out".

I'm so sorry this has happened to you - it's completely unfair.

nobblyned

clutton wrote: »

oops - i didn't take it as a slur at all - i took it as a compliment but i only wish that i knew what "minted" meant !!

Minted like peas, smelling of Polos!

cutecatgirl

Hi,

I'm sorry I haven;t quite managed to read this whole thread so sorry if this has been repeated. I would seriously counsel against representing yourself.

I think you need to get down to the citizen's advice pronto thjye will be able to have a look at the situation and can go to court with you if you cannot afford a lawyer.

A CCJ might not seem like a big deal now but you never know what the future holds. I really hope this works out ok for you.

doodledoodle24

Off to court now, Thanks to all of you who have advised me. I'll let you know the outcome later on!

olly300

cutecatgirl wrote: »

Hi,

I'm sorry I haven;t quite managed to read this whole thread so sorry if this has been repeated. I would seriously counsel against representing yourself.

I think you need to get down to the citizen's advice pronto thjye will be able to have a look at the situation and can go to court with you if you cannot afford a lawyer.

A CCJ might not seem like a big deal now but you never know what the future holds. I really hope this works out ok for you.

The small claims court is done in such a way that you are suppose to represent yourself. (There is nothing stopping you taking legal advice before hand.) If you hire a lawyer then you have to pay for it yourself whether you win or lose the case plus it may count against you.

Melissa177

double post

*editted*