Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3242 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My partner's house was recently sold by his landlady to a letting agency. The letting agent gave notcie that he was putting up the rent considerably, so my partner gave notice that he was leaving the property before that happens.

 

Since then, the letting agent has sent letters claiming that my partner owes him upward of £400 in utility bills and council tax. The agreement with the previous landlady was that rent covered water and council tax, and gas and electric are paid through meters in the house.

 

My partner has refused to pay, and the letting agent is now threatening bailiff action. We're confident that if the letting agent takes us to court, we have a viable defence; but at this stage we're not sure how this all works. From what we have seen on the bailiff's website, it looks like their solicitors can easily get a court order. Is that the case? Don't we have to have a chance to mount a defence? How does this work?

Link to post
Share on other sites

Did LA serve proper notice in writing that they were his new LL and where to pay rent?

Unless he has signed a subs Agreement with LA as LL, then terms of orig T continue. He may have to provide evidence, statement from ex-LL?, that rent inc C Tax & water. Normally, Ts would be resp for C Tax, but not always.

If partner was not informed of change of LL, then no rent was payable. Full due rent would be payable on notification.

LA can serve a s21 after any deposit is protected in an approved scheme AND reqd info has been provided.

Claim for utilities & C Tax would be via debt claim, as these are not classified as rent.

You will have a chance to mount your defence in Court against either debt or eviction (repo)

Link to post
Share on other sites

further more. Bailiffs cannot get involved until it has been to court, so any threat of bailiffs will be hot air designed to frighten into paying.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

Link to post
Share on other sites

Hi

 

Have to agree with The Carpet Cleaners it letting agency trying to ride roughshot and scar you.

 

Also if possible could you scan you agreement and post up minus any personal detail to give us a better understanding to assist you.

How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Link to post
Share on other sites
Hi

Also if possible could you scan you agreement and post up minus any personal detail to give us a better understanding to assist you.

 

Don't have a scanner, sorry. In any case the tenancy document itself is not very informative - the agreement between the landlady and her tenants was verbal (yes I know). The CAB tell us though that once the tenancy agreement runs out and changes to a rolling monthly one, it is deemed to continue in the manner in which it was run in practice. Therefore, the terms on which the landlady was actually running the contract hold, and we do have some evidence in that regard (though currently not as much as we would like).

Meanwhile, letting agent has keys and can therefore let bailiffs in peaceably. He also has ample time to request 24 hour notice to come in before my partner moves out on Saturday. I understand that he can only use private bailiffs to collect rent arrears - anything else will need to go through court - but in practice, how do we deal with it I he calls and attempts to introduce bailiffs? If we call the police, whose side will they take? What information should we be requesting to see?

Link to post
Share on other sites
He may have to provide evidence, statement from ex-LL?, that rent inc C Tax & water.

If we can get a statement from ex-LL, what form should this take so that it is legally valid? Should we get a witness, or do we need to involve a lawyer?

Link to post
Share on other sites

What is a private bailiff??

 

No such thing.. A bailiff can only be used if a debt has gone to court. Any one and I mean absolutely anyone who calls round for money and you have not been to court is NOT a bailiff. If they use any sort of threatening behaviour get the police immediately. They will be on your side, as debt rent or otherwise is a civil matter, and anyone demanding money with menaces is not legal. He could get a debt collection agency, however if they turn up at your door, you do not have to open it. You can also revoke their implied licence to call at your property, and therefore next time they call it is legally trespass.

 

Without anything going to court, it is all bully boy threats, and should be ignored or reported.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

Link to post
Share on other sites

I would imagine a simple statement from the ex LL would be sufficient. Make sure she signs it at the bottom with a statement of truth.

 

xx

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

signature

 

Dated

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...