Been asked for money 9 months after i left

[kevbrownuk]

Hi, il breifly explain the situation my girlfriend is in and could anyone help me.

In February of 2007 my girlfriend decided to go to university down in sheffield, her and 5 other peopl were renting out accommodation where they each signed ther own agreements in february. my girlfriend was asked to pay a deposit of £250, and write 3 cheques for £1500 each which would be cashed in July, January etc for the year.

She was due to move into the accommodation on 15th july 2007 but due to personal reasons this never happened,

She informed the landlord 2 weeks prior to her moving in date, that she would no longer be moving in,

The LandLord told her that she would lose her initial deposit, and first payment of £1500 as he could not be expected to be able to fil the vacant room on such short notice,

This is fair enough so she lost a total of £1750 for accommodation which she never even received a set of keys for.


The other cheques she gave the landlord one should of been cashed in January, which wasnt obviously so this led us to beleive tha everything was fine and sorted out.

until today

We received a letter from solicitors acting on her behalf indicating that she needs to pay further £1500 in the next 5 days or face being taken o court and having to pay legal costs ontop of this.

Can someone please give me some advice on how best to deal with this.


Why did the landlord not attempt to cash the cheque in January?

Why has it taken this long to receive any communication from the landlord?

Why wasnt the final and ONLY demand sent via recorded delivery?



Even if it turns out she does have to pay this, how can she be expected to pay the full amount in 5 days when she is currently a full time university student working 7 hours a week, with no student loan and currently being supported by her parents.

Obviously we need to reply to this demand ASAP so any help/advice would be greatly appreciated.

thanks

[Aequitas]

Several points to argue:

If the landlord relet the room he cannot ask for payment.

If the landlord did not relet, the circumstamces amount to a repudiation of the contract or (if there was a tenancy) a surrender of the tenancy which was accepted.

They cannot "sue on the cheque". A "post-dated cheque" is not a cheque, just an ordinary bill of exchange. I think, though I am not certain about the point, that consideration needs to be proved.

[JonCris]

Just in case it gets a little messy it's important that you check to see if the property is let & if possible speak to the tenants to ask on what date they took possession

[kevbrownuk]

the 5 other people, will still be living their now, but i am unsure as to how to check if my room is being let, as if i simply ask the landlord, hes not gonna say it is being let as he wud know i wudnt pay then.

Would it be a good idea to drive down to the accommodation and play 'dumb' and ask to see Gemma (MY gf)

and then ask if someone else is now living in her room etc.

or should i phone the landlord etc?

[JonCris]

Don't ask the landlord go to the address & ask the tenants "is so & so room let & is the house full"

You could claim your looking for accommodation after all it's no skin of their noses if your not