How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Dear Sir/Madam,I wanted to get some advice about

Customer Question

Dear Sir/Madam, I wanted to get some advice about some problems I was having with my Landlord. To provide you with a small amount of background information, I was in a joint tenancy agreement with 6 other males as part of my university housing. Early on in my first university term, I was bullied and threatened by them. I was forced to leave and was advised so by the police. I found alternative accommodation and am now being harassed by the landlord the pay my arrears on the account of which I dispute. I have provided my response to their demand for payment as I feel as though I have no right to pay this amount. I'd be so grateful if you could give me some advice how I should approach this. Dear Ms xxxxxxxx  xxxxx , – Letter before Legal Action Formal Demand for Overdue Rent in respect of xxxxx  Thank you for your letter. In response to your reply about finding a replacement tenant I provide the following response: I did not receive any reply from Mr xxxxxxx to any of my text messages and in fact on the 13th March I sent an additional text message to Mr xxxxxxx asking him to confirm his receipt of my message. I again, received no response. "The landlord explained to you that the prospective tenant would have to make an application and that the application would have to be processed." This conversation never occurred and has been fabricated by Mr xxxxxxx. Please could you provide evidence of this. I have evidence of text conversations sent to me by my service provider between conversations between Mr xxxxxxx and I, showing his reluctance to respond or communicate. Both the candidates responded to me that they had tried to get hold of Mr xxxxxxx and that he had not been cooperative whatsoever. Regardless of the above. As I mentioned previously, xxxxxx xxxxxxxappears to have paid more than I was aware of and has paid £2400 since he vacated. A replacement flatmate, named xxxxxxxxx xxxxxx, was found to take over one of the remaining two vacated rooms. I am aware she has paid the full amount of the 2 remaining semesters (£1200 each semester) and have proof of this. This amounts to the full £2400. In this case, it appears that in fact there are no rent arrears onXXXXX(apart from the £300 that you say will be taken from the group deposit of unpaid rent by xxxxxx xxxxxxx). As it states in point 4.9.2 of your tenancy agreement: "If no replacement is found and a Tenant leaves, the loss of rent for that period will be deducted from the group security deposit given at the commencement of the Tenancy." I understand this is the case in the contract, but as I have established above, then there is no arrears on the account. This amount does not need to be touched apart from the £300 owed by xxxxx xxxxxxxI feel harassed by Mr xxxxxxxand I feel he has no right to threaten court action whatsoever. Instead, I think I should be the one who should be threatening compensation through court action of both landlord harassment and also police action against Mr xxxxxxx, who It now appears is bullying me and misleading me to believe that I should pay £2400 on an account that is already fulfilled. If I receive any other further threats or court action, I will be forced to file a police report against Mr xxxxxxxhimself, and also take him to take him to county court to retrieve my £250 deposit as I'm sure the £300 that is owed by xxxxxx xxxxxxx will be taken from his share of deposit, and I assume that xxxxxxxxx xxxxxx has provided her £250 deposit, as a replacement tenant. I then await the return of my £250 deposit. Please provide your response by email as I no longer reside at xxxxx. Yours, xxxxxx xxxxxx

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

 

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is the depsoit protected do you know?
JACUSTOMER-kq0rpqjo- :

Hi, I think it is yes

JACUSTOMER-kq0rpqjo- :

Would be great if I could get a response tonight as Its quite urgent; sorry to be a pain.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
JACUSTOMER-kq0rpqjo- :

Hi Alex

Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
JACUSTOMER-kq0rpqjo- :

The only problem I have

Alex Watts : can I clarify anything for you about this today please?
JACUSTOMER-kq0rpqjo- :

is initially they are trying to take me to county court for rent arrears

Alex Watts : Ok.
JACUSTOMER-kq0rpqjo- :

Can i send you the email that the landlord correspondence has sent me

Alex Watts : Do you owe arraers?
JACUSTOMER-kq0rpqjo- :

No I don't, the rent account was a joint tenancy agreement

JACUSTOMER-kq0rpqjo- :

and as I stated in the email, the overall rent is covered on the account

JACUSTOMER-kq0rpqjo- :

(as its joint, its not just owed by me)

Alex Watts : ok. Then even they try and bully you with arrears you could defend and counter claim.
Alex Watts : So don't be bullied.
JACUSTOMER-kq0rpqjo- :

We are all joint and severally liable

Alex Watts : Yes.
JACUSTOMER-kq0rpqjo- :

Okay

JACUSTOMER-kq0rpqjo- :

What do you think the best way to go now is?

JACUSTOMER-kq0rpqjo- :

Dear Miss xxxxxx,

Breach of Tenancy Agreement – Letter before Legal Action

Formal Demand for Overdue Rent in respect of xxxx

I have received your Landlord’s instructions on the contents of your email of 27th May 2014.

 

In respect of your efforts to find a replacement tenant:

 

·You advised the Landlord by text that you had a candidate for replacement tenant. He asked you to send the prospective tenant to our Nottingham office. The prospective tenant was given an application form but did not complete it and made no further contact with us.

·You then spoke to the Landlord about a second replacement tenant who you said was out of the country but wanted to take up occupation upon his return. The landlord explained to you that the prospective tenant would have to make an application and that the application would have to be processed. The Landlord has heard nothing more of this candidate.

 

You have referred to a former tenant, xxxx has paid all rent demanded of him (£3600) with the exception of £300 that will be deducted from the deposit.

 

The current overdue amount that you owe is £2400 (made up of two payments of £1200 that were due to be paid on or before 15th January 2014 and on or before 15th April 2014).

 

The landlord has advised us that if he does not receive payment of the overdue amount of £2400 within the next 7 working days he will demand payment from your Guarantor. If the overdue amount remains unpaid he will, without further notice to you or your Guarantor, seek a County Court Judgment against both you and your Guarantor for the full overdue amount plus legal costs.

 

To avoid such action, please make payment immediately. If you want to make an offer to pay an amount other than the full amount overdue or if you want to propose making a staged payment then you should respond with your proposal, in writing, immediately.

 

 

Yours faithfully,

Alex Watts : issue proceedings for the depsoit.
JACUSTOMER-kq0rpqjo- :

Here is the original letter

Alex Watts : Yes.
JACUSTOMER-kq0rpqjo- :

and my letter that i wrote in my original post is in response to this

JACUSTOMER-kq0rpqjo- :

If you could have a quick read of this letter

Alex Watts : or see if they issue for rent arraers and then counter claim for the deposit.
JACUSTOMER-kq0rpqjo- :

and how should i respond to this?

JACUSTOMER-kq0rpqjo- :

Should I wait

JACUSTOMER-kq0rpqjo- :

or should I claim first?

Alex Watts : You should wait, if you are jointly liable you don't want to risk it.
JACUSTOMER-kq0rpqjo- :

Okay, sure.

Alex Watts : can I clarify anything for your.
JACUSTOMER-kq0rpqjo- :

But I am pretty sure that the rent is fully satisfied anyway

JACUSTOMER-kq0rpqjo- :

So plan of action is?

Alex Watts : Ok.
JACUSTOMER-kq0rpqjo- :

Wait to see what they would do?

Alex Watts : Wait to see if they claim.
JACUSTOMER-kq0rpqjo- :

and what if they claim?

Alex Watts : If they don't you can issue proceedings and risk a counter claim.
JACUSTOMER-kq0rpqjo- :

Then just prepare a case? and a counter claim?

JACUSTOMER-kq0rpqjo- :

Do you think I would have a good case

JACUSTOMER-kq0rpqjo- :

?

Alex Watts : If they claim then you defend no counter claim.
Alex Watts : i think you have an arguable claim
JACUSTOMER-kq0rpqjo- :

How can i get my deposit back then?

JACUSTOMER-kq0rpqjo- :

Okay

JACUSTOMER-kq0rpqjo- :

Thats reassuring

Alex Watts : You get the deposit back by issuing proceedings.
JACUSTOMER-kq0rpqjo- :

Okay so my own country court claim?

JACUSTOMER-kq0rpqjo- :

But I should do that after

JACUSTOMER-kq0rpqjo- :

So i should wait beforehand?

Alex Watts : Yes.
Alex Watts : Did you manage to read what I out earlier about a claim?
JACUSTOMER-kq0rpqjo- :

Okay, thanks

JACUSTOMER-kq0rpqjo- :

Yeah about country court judgement

JACUSTOMER-kq0rpqjo- :

I read that

JACUSTOMER-kq0rpqjo- :

Is there any evidence you would recommend gathering in case they make a country court claim against me?

Alex Watts : Can I clarify anything else?
JACUSTOMER-kq0rpqjo- :

thats my last question

Alex Watts : Just gather what you can to support your case.
JACUSTOMER-kq0rpqjo- :

Okay cool

JACUSTOMER-kq0rpqjo- :

Thanks for your help

Alex Watts : If this answers your question might I invite you to rate my answer.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice