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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7610
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Hi i rent the house that i live in the agent phoned me to say

Customer Question

Hi i rent the house that i live in the agent phoned me to say i
Owe them rent from jan 2011 which would of been the first full month
That i wss in the house can they ask for this money because nothings
Been said before? Thankyou
Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

What was the original fixed term of the tenancy?

If it included January, did you pay the money back then that they think you still owe them?

Tom
Customer: replied 3 years ago.

The rent was 6 months originally i cant find my reciept


But im sure i paid them 2 months in rent when i paid the deposit


In december 2010 which would of inclded jan.

Expert:  Thomas replied 3 years ago.
Okay.

How much deposit do they hold?

Did you agree that they would hold one month's deposit or two?

Tom
Customer: replied 3 years ago.

I paid them 355 on application plus security deposit of 1125


I think they asked for 2 months rent of 750 which i also


Paid cash but no receipt

Expert:  Thomas replied 3 years ago.
Okay.

Have you been granted further tenancy agreements? If so, what is the current fixed term of the current tenancy?

Or perhaps the original tenancy expired and you have simply remained occupying the property?

Tom
Customer: replied 3 years ago.

Original was 6 months have just carried on


Renting from them since then with no problems till now


I havnt signed anything else to say the letting agrement was carried on

Expert:  Thomas replied 3 years ago.
Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

It seems extraordinary that they are asking for the rent now given that it is almost four years after they claim it was unpaid.

Having said that, it was either paid or it wasn’t. It seems highly unlikely that they would have let you remain in the property if it was unpaid at the time because they keep a close eye on this.

If you can, I would consult your bank records for the precise amount of money that was transferred and allocate it to be sure that you paid it. You can then produce it to the agents as proof.

If you don’t have this but are certain that you paid it then you should tell the agent. Ask them why they believe you have not paid it and get them to show you your rent account. You should also ask how it could possibly have been overlooked because the landlord would certainly notice if that months rent had not been paid.

If they are certain it has not been paid and are not going to let the issue fall away then unfortunately they could get possession of the property fairly easily. Because the fixed term of the tenancy has expired your tenancy is now a statutory periodic tenancy which means that it continues from one rent period to the next. In order to evict you they would have to serve a s21(4)a Housing Act 1988 notice giving you two months notices and provided that notice period expires at the end of a rent period it would be valid.

I would check your records and adopt a conciliatory approach in light of the ease with which they can get possession on this basis.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom

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