Rent Arrears No Communication from Landlord

McKirkie

I got into some arrears with landlord due to a change in circumstances that a major devastating impact on my life.  Despite this I tried to catch up and  I repeatedly asked for rental statements and updates on what the situation was over a 13 month period with no response from letting agent.  Letting agent at no point chased me for any arrears and I had at points actually been ahead with rent.  There was lots of disputes with landlord through the same 13 month period regarding  leaking roof, black mould across the property issues with my health due to mould and damage to my property due to the leak and the mould that were not resolved.  I emailed my notice in when nothing was resolved which I gave 2 months. I had an agreeable face to face meeting with the agent where I asked in light of all the issues could we shorten the notice period to which they agreed.  They also agreed to compensation for damaged goods and my health.   I followed this up in writing and sent 2 reminders about my agreed move out date.  So over the course of 13 months I make over 50 contacts without response yet the only contact they are now acknowledging is the notice. After trying to get my deposit back and failing I then did a SAR which showed although I had provided in excess of 80 pieces of evidence the agent had only provided 1, a rental statement he sent to the owner (not me) of the property that fraudulently states I owe him over £9000 (there is no way I owe this amount) I have never been contacted by telephone, email or letter about the arrears but I have tried to communicate constantly with the agent with no response. Where do I stand here? TYIA

[Deleted User]

Was your deposit protected in a scheme?

McKirkie

Yes it was

Comms69

Im confused surely you can print of your bank statement and work out how much you've paid?

McKirkie

No I can only go back 3 months so I tried to do my own calculations which  I emailed to the agent based on the last communication from her (before she stopped communicating). so to date I do not have a clear picture of what is going on my online statements are also incorrect and I have had to put a SAR in to the bank to get the correct statements for evidence in relation to this situation.  This is the not the key problem here what I cannot understand is if I was in arrears why was this not communicated? why 6 months after leaving has there still been no communication other than to the owner (that I found out through the SAR to DPS) to fraudulently claim I owe over £9000 that has never ever been mentioned to me?  Where to I stand with this?

[Deleted User]

It is indeed a bit confusing, its not just a question of where you stand, rather what do you want to acheive? There is your arrears position which you dispute. You can achieve clarity and evidence on this point with a review of your bank statements (As pointed out above). There were issues with the condition of the property and whether you have followed the processes and collected the evidence to seek redress. Did you get written confirmation that they agreed to compensate you for your damaged goods and health (doubtful).
Your deposit was properly protected and you lost it on the basis of the evidence. Speak to the scheme if you believe that the Agent submitted fraudulent documentation.
Do you now have the chance of a clean break or are you being threatened with the arrears?
If you have fallen into significant arrears, the LL has not taken action, and you have properly ended the tenancy - quietly move on.

[Deleted User]

 I am afraid if the agent says you owe £9k and you don't think you do, you are going to have to work it out what was paid and when plus what rent accrued over the rental period. 

You know when you started living there and when you will leave.  You can work out from bank statements and emails/texts what you paid and when.  Set up a spreadsheet showing a rent owing column and payment column, with a date column.  Or do it by hand if necessary. Then you will know exactly what you owe. 

To dispute £9k, its worth doing and taking time over it.

McKirkie

The agent has my email and my telephone number and has made no attempt to communicate in the 13 months whilst living there and the 6 months since leaving so I am not sure what to make of it?  Perhaps you are correct and this not worth taking up however is that the right thing to do?  If I do not challenge it do they have legal recourse if i do nothing?

Slithery

If you do owe the money then they have 6 years to come after you for it.

McKirkie

Thank you for your feedback everyone. If anyone has any other useful points please do add.  I already have a legal representative so I will be following this up once I have all my evidence from the bank as pointed out it is worth doing when such an amount is in dispute.

RelievedSheff

Ok so you were there for 13 months.

How much was your rent each month and how much did you pay?