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Hi, First let me give you the background information. I was working as Head Chef for a hotel for 4 years. As part of my salary accommodation was supplied. The hotel and accommodation were owned by the same person until the hotel was sold to another person. A tenancy agreement was drawn up and the new hotel owner was renting the accommodation from the landlord. during this time i was seeking alternate employment in a different field of work and had a verbal agreement with the landlord/owner of the accommodation that i could stay there while saving to buy a house. However before all this could happen the new hotel owner who held the tenancy of the property decided he didn't want to transfer the tenancy. There was a deal made where as i could stay in the property for the Month of October and then we would go from there. So upon terminating my employment i paid the sum of £600 to the owner of the hotel for the accommodation. My house purchase went much faster than expected and i was due to move in on the 14th of November. As i tried to pay fore the rent of £600 for November i was told your not allowed to be there and need to leave next week. I explained the situation and that i have a 4 year old daughter who lives with me as well my partner and that we had no where to go and it was agreed in email that i must vacate by the 28th November 2014. Also in this e-mail it states "no payment for rent shall be expected or received". I moved on the 27th of November and returned the keys to the rented accommodation. Now yesterday i got an e-mail from the hotel owners asking for rent from the month of November. This is the rent that i offered to pay and that was told it would not be "expected or received" twice. Now 2 months down the line they are asking for it. I have all e-mail correspondence. Just looking for advice on what to do.
This is one of the small emails which shows some of the contex
Hello my name is ***** ***** I will help you with this.
For now please let me know whether you have these exchanges in writing at all?
Did you occupy the property on your own, ie did the Landlord live in too?
All correspondence was via email and i have all of them. The only people that lived in the property was myself my partner and our daughter.
pretty much yes
they are saying i was supposed to pay rent direct to the landlord yet they accepted the first rent cheque and it was never said to pay to the landlord
Ok - well I would not worry in that case.
At most this would be a small claim if they try and take you to Court. That means if you lose you dont have hefty legal costs to pay, only the direct Court costs to issue the claim and hear it
But based on the emails you have then you have a valid argument
You were not it was not expected and wont be accepted
That is a statement upon which you relied.
They can now not retrospectively retract from that
So on that basis of the emails saying you dont need to pay - they can not ask for it
Can I clarify anything for you about this today please?
would you like to see the e-mails then sent they are all very short
as they already have a legal firm involved with this and have a long history with staff disputes.
I can, but I only need to see the email that says they dont want rent. Even then its only going to confirm my view.
Even if they have a legal firm involved and it goes to a small claim, if you lose they can only claim issue fee and hearing fee which is limited
They cant claim legal costs
They said that you were not to pay rent - they made that statement and you relied on it
They cant now change their mind
this was my understanding
but just wanted to get this confirmed
Yes indeed. Can I clarify anything else for you?
no that should be fine thanks very much
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