help with H/A problem regarding proof of postage for notice to leave property

[samantha hackett]

I phoned up my H/A at the start of march to let them know i would like to give notice to leave the property.They informed me that i have to put it in writting.I sent them notice recorded/signed for at the end of march and moved out about 2 weeks later.

 

I heard nothing from them until the 29th of july when i recieved a call asking why i hadnt responded to any letters.I told them that i had left the property and i sent the notice at the end of march unfortunatly i threw away my proof of postage 2 weeks ago and without it they say i am liable for £1404 of unpaid rent.

 

Is there any other way i could obtain the tracking number? as it must be in a computer system somewhere i tried the p/o it was sent from and they have told me they dont keep records and the reciept is the only proof.If i can get the reciept the h/a have said they will be liable.Also the fact it took them so long to contact me and let the arrears build up when they had my contact number on file.

 

Any help or info would be very appreciated as i am getting no where on my own thanks

Edited August 5, 2012 by citizenB

[maroondevo52]

Hello and Welcome, samantha.

 

I've moved this thread to the appropriate Forum, hopefully you'll get some advice soon.

 

Regards.

 

Scott.

[Conniff]

Hello Samantha,

 

You don't need proof of posting for a letter to be classed as delivered.

 

Section 7 of the Interpretation Act 1978 provides:

 

"Where an Act authorises or requires any document to be served by post (where the expression 'serve' or the expression 'give' or 'send' or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

 

What about gas, water and electric, you must have sent them a last reading, so there is some date proof otherwise why would you do that and not the HA?

[samantha hackett]

I wasn't aware of that thanks I was on a prepayed electric meter so didn't have to give last readings and there was no gas.they arnt disputing that I left because I have plenty of proof of that I.e van hire recipet and I started my new job not long after I left but they r saying because they didn't receive the letter I abanded the property and am liable for the rent without the proof of postage

[Conniff]

Send them the passage above and insist that it was sent along letters 'to other authorities that required notification'.

[mariner51]

"...the service is deemed to be effected by properly addressing, pre-paying and posting..."

The Interpretation Act requires the above conditions to be met, particularly properly addressed. without proof of postingit is OPs word vs HA, otherwise all Ts will be claiming Notices posted without proof.

Did OP not check for signed delivery after posting?

Did OP provide required Notice period?

Did OP keep a copy of Notice on file?

 

The Interpretation Act is the correct Statute to quote, particularly as Authorities rely on it every day, but they keep some record of posting.

[stu007]

Hi

 

you need to check your "Tenancy Agreement" as to what the "Termination Procedure" is and also have a check on the housing associations website as there termination procedure may be on there website.

 

Next although you sent the letter about your termination did you do any of the following:

 

1. As you had no response did you check they had actually recieved your letter?

2. Did you have any acknowledgement from Housing Association of termination and the procedures?.

3. did you confirm with the housing association there termination procedure? (housing association still do moving out checks)

4. what paperwork did you complete on termination of the property and the property being handed back to housing association?

5. Did you check the housing association noticed period required for termination? i.e. 2 weeks, 3weeks, 4weeks notice of termination.

 

Note: You really need to make sure you followed there termination procedure correctly - if you havent you could be liable for further rent and possible council tax on the property.

 

If unsure of there termination procedure a bit late but write to them (always get proof of posting) and request a copy of there termination policy and procedure.

Edited August 5, 2012 by stu007