Old tenancy debt being chased - no tenancy agreement

[NinjaStory]

Around 4 years ago my girlfriend made a temporary stay in some University owned acommodation. For whatever reason she was never billed and eventually we forgot about it.

Then a couple of months ago she received a phone call from the university chasing the money - as this dates back several years she cannot remember how long she stayed there for and what the agreed rental payment was (the figure they quoted seemed very high). She requested a copy of the signed tenancy agreement and the university sent through the followng material:

• A copy of a piece of paper listing names of people registering an interest in staying at the accomodation
• A sheet confirming keys to the property had been collected, signed not by her, but me (I did not stay there and have no official involvement in this)

If memory serves correctly there was no tenancy agreement in place therefore they cannot send the required information.

She has no received a threatening letter from a solicitor requesting the money. We have written back requesting a signed tenancy agreement and proof of length of stay - I don't see how she can be expected to pay the debt without this information.

Where does she stand legally? Could they take her to court with only the above information in hand?

Any advice would be very much appreciated.

Thanks.

[The GodMother]

I think they would need to be very stupid if they did take her to court based on just this info.

Do they have her signature at all to say she was at the property.............NO.

all they have is her name to say she was inerested in the property. i personally dont think it will stand up in court.

[The GodMother]

if anything it would be u they chase as u signed for th keys.

[hells_bells110]

I agree.....

[Aequitas]

Though they would obviously help the landlord, the absence of a tenancy agreement and/or signature on anything are not necessarily fatal to the university's case since writing is not an essential requirement to create a tenancy for three years or less. However, they do need to produce some evidence and their records (particularly given their status) may be sufficient to persuade a court.

You have done the right thing asking for further evidence.

Since some use was made of the accommodation, it may be politic to make an offer, but be careful how you word it.

[The GodMother]

But i would not do anything until you have the info u requested from the college.

I would write to the colleges solicitors about this and say something like.

On XX XX 2008 ( DAte of letter from the solicitor) you wrote to me demanding money for a teneancy you alledge i took out with XX college.

On XX XX 2008 i wrote to you asking for information regarding this debt. This request was very specific to what i wanted which mainly included XXXXXXXXX and XXXXXXXXXXXX. A copy of this letter is enclosed for your ease of referance.

I notice you have not replied or acknowledged this letter and as of 20th March 2008 I am assuming you cannot find the information i requested from you and you have dropped the alledged debt and will not be taking any further action regarding this matter.

yours sincerley.

Blah

Print dont sign. Send by recorded delivery so u can prove they got it.

Obviously ammed the date if you are not going to send it today and ammed any XXXXXX.

Chrissi