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
Hi, I think it is yes
Would be great if I could get a response tonight as Its quite urgent; sorry to be a pain.
The only problem I have
is initially they are trying to take me to county court for rent arrears
Can i send you the email that the landlord correspondence has sent me
No I don't, the rent account was a joint tenancy agreement
and as I stated in the email, the overall rent is covered on the account
(as its joint, its not just owed by me)
We are all joint and severally liable
What do you think the best way to go now is?
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.
Here is the original letter
and my letter that i wrote in my original post is in response to this
If you could have a quick read of this letter
and how should i respond to this?
Should I wait
or should I claim first?
But I am pretty sure that the rent is fully satisfied anyway
So plan of action is?
Wait to see what they would do?
and what if they claim?
Then just prepare a case? and a counter claim?
Do you think I would have a good case
How can i get my deposit back then?
Okay so my own country court claim?
But I should do that after
So i should wait beforehand?
Yeah about country court judgement
I read that
Is there any evidence you would recommend gathering in case they make a country court claim against me?
thats my last question
Thanks for your help