Rent Arrears No Communication from Landlord

greatcrested

1) Arrears Communication. The reason why the LL/agent did not contact you regarding this is irrelevant. They do not have to if they do not want to. The onus is always on the tenant to pay the rent, not the landlord to request it. But they can claim the arrears at any time within 6 years.

2) Arrears Claim. You and the LL disagree over how much the arrears are, if any. This is a straightforward dispute. Gather your evidence and present it.

* date you moved in

* monthly rent

* date & amount each payment was due

* date & amount each payment was made

* balance each month (arrears, zero or overpayment)

* balance at date tenancey ended

3) Compensation for repairing issues. This is not generally payable unless either

* it is agreed in writing - which does not seem to be the case, or

* there is a clear financial loss (eg water damage to your possessions from a leak that was ignored) which you can prove. You could attempt to claim this in court if relevant.

McKirkie

I will do this once I have supporting bank statements and yes there was clear financial loss with evidence all reported.  Some of which was agreed in writing but as the relationship broke down there was no response going forward.
On top of that there was failed gas safety checks, issues with a leaking roof (never fixed), issues with pests, dangerous electrics, black mould and more all of which was reported and documented causing incredible stress and detriment to my health.

I was there over 2 years however the issues became more and more when repairs were not carried out and then the relationship broke down with the agent refusing to communicate on any matter in writing.

Comms69

McKirkie said:

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?

Maybe on your app, but banks can provide statement for upto 6 years. 

Sorry but your statement aren't incorrect. it's 99.99% automated. 

They dont have to communicate with you. They have 6 years to claim the money. It's your job to pay your rent. 

greatcrested

McKirkie said:

On top of that there was failed gas safety checks, issues with a leaking roof (never fixed), issues with pests, dangerous electrics, black mould and more all of which was reported and documented causing incredible stress and detriment to my health.

That is now history really.

The gas, roofing, electrics and damp issues should all have been dealt with during the tenancy. There are procedures for enforcing repairs and if you did not follow these, it is too late now.

Focus on the 'arrears', and reclaiming your deposit..

Marvel1

McKirkie said:

No I can only go back 3 months 

How only that far? My online back I'm sure can go back further.

[Deleted User]

In summary of all this, probably no entitlement to compensation for the condition issues of the property, probably some significant arrears owing. LL can claim for next 6 years, and would be issuing written notices to the address he has on file for you, even if you are not living there. Be very careful about this.
On the off chance that LL is minded to let matters lie, then don't be the person who instigates. Probably the only valid claim will be his entitlement to the arrears.
Once you have calculated the arrears from your records, consider a contingency fund in case he pursues the matter and in all likelihood the arrears would be due.

csgohan4

OP no matter how bad the condition the property was, you cannot deny you owe the LL for arrears which doesn't go away or reduce due to the condition, which as above pointed out, there are procedures to follow  and are completely separate to the rent you owe. Getting a CCJ is no small thing. 

https://england.shelter.org.uk/housing_advice/repairs/housing_disrepair_check_if_you_can_claim_compensation

newsgroupmonkey_

I'm still confused and I don't think the "how much rent do you pay" has been answered.
If the answer is (UK average) £967 a month, unless you're spinning a yarn, it's highly unlikely that you're £9k behind on your rent, considering you would have paid less than £13k in rent overall!
I wonder if they meant £900.

eamon

Some dates and other facts might be useful here.

When did you move in?

When did you move out or are you still living there?

diggingdude

what bank are you with?  Statements take minutes to request