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.
Do you accept you missed a payment and left the property in the state alleged please?
i accept i didn't pay yes, the fines are debatable
Did the tenancy agreement say they could levy fines?
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.
Yes but from what you remember?
i honestly cannot remember as this was 5 years ago but i think they probably would have
Ok - well the missing rent payment you are liable for, even without a written contract
They will be able to clearly show you in the property and that you had paid for a number of months
But the fines, you are not liable for
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
Therefore you are liable for the rent payment but not the fine
Can I clarify anything for you about this today please?
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.
You dont have to sign anything to have a contract
They can show by conduct
They can show you had the room
They can show you made payments
Therefore there is a contract by law
They can chase the arrears but not the fines
Does that clarify the position?
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?
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
Does that clarify?
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?