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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there, i have just received an email from my old university

Resolved Question:

Hi there, i have just received an email from my old university regarding my old accommodation. the said i owe them a sum of money and when i asked for the tenancy agreement they emailed me back this:
Thank you for your email, it appears we did not receive a payment for your accommodation in 09/10 only your deposit of £400. You also incurred fines on the room that were never cleared.

Unfortunately we do not have your signed tenancy agreement however we can confirm you moved in to the room on 01/10/2009 and handed your key back on 17/06/2010.

You were invoiced £3784.50 for your stay in accommodation and incurred fines of £227.50 totalling £4012 however due to the deposit being used against this debt this is now £3612.

Kind Regards




do i have any rights to challenge?

Kind regards
jerome elliott
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you accept you missed a payment and left the property in the state alleged please?

Customer:

i accept i didn't pay yes, the fines are debatable

Alex Watts :

Did the tenancy agreement say they could levy fines?

Customer:

I dont have a copy of the agreement and ive asked them for one but they have told me that they haven't got one signed by myself.

Alex Watts :

Yes but from what you remember?

Customer:

i honestly cannot remember as this was 5 years ago but i think they probably would have

Alex Watts :

Ok - well the missing rent payment you are liable for, even without a written contract

Alex Watts :

They will be able to clearly show you in the property and that you had paid for a number of months

Alex Watts :

But the fines, you are not liable for

Alex Watts :

They have no tenancy agreement so no term as to what state the property should be left in, or indeed whether they could levy a fine

Alex Watts :

Therefore you are liable for the rent payment but not the fine

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ok i understand, there is a little more to it as to start with i was moved around different to two different accommodations before given the final place. this was forced by myself as they originally didn't have anywhere to put me. How are they able to show that i was in that property as i didn't sign anything or confirm anything with them? (this is a university accommodation with over 2000 rooms). the deposit given was to secure a spot that they would find me a room evidentially.

Alex Watts :

You dont have to sign anything to have a contract

Alex Watts :

They can show by conduct

Alex Watts :

They can show you had the room

Alex Watts :

They can show you made payments

Alex Watts :

Therefore there is a contract by law

Alex Watts :

They can chase the arrears but not the fines

Alex Watts :

Does that clarify the position?

Customer:

Ok fair enough. how would i go about contacting them next in terms of disputing the fine and as a full time student with no means of income as i'm not working, what could i offer lowest as repayment plan without causing a CCJ?

Alex Watts :

You just need to write back and say you contest the fine as there is no signed contract. You are not bound by any fines they purport to levy but you offer the missing rent in full and final settlement

Alex Watts :

Does that clarify?

Customer:

Ok thank you for your help. Lastly would i be at liberty to arrange a settlement to suit myself or would i have to accept a payment plan they give me?

Alex Watts : Yes you could do this yourself if you wished.
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