Letting agent threatening bailiff action

[ameliaonline]

My partner's house was recently sold by his landlady to a letting agency. The letting agent gave notcie that he was putting up the rent considerably, so my partner gave notice that he was leaving the property before that happens.

 

Since then, the letting agent has sent letters claiming that my partner owes him upward of £400 in utility bills and council tax. The agreement with the previous landlady was that rent covered water and council tax, and gas and electric are paid through meters in the house.

 

My partner has refused to pay, and the letting agent is now threatening bailiff action. We're confident that if the letting agent takes us to court, we have a viable defence; but at this stage we're not sure how this all works. From what we have seen on the bailiff's website, it looks like their solicitors can easily get a court order. Is that the case? Don't we have to have a chance to mount a defence? How does this work?

[mariner51]

Did LA serve proper notice in writing that they were his new LL and where to pay rent?

Unless he has signed a subs Agreement with LA as LL, then terms of orig T continue. He may have to provide evidence, statement from ex-LL?, that rent inc C Tax & water. Normally, Ts would be resp for C Tax, but not always.

If partner was not informed of change of LL, then no rent was payable. Full due rent would be payable on notification.

LA can serve a s21 after any deposit is protected in an approved scheme AND reqd info has been provided.

Claim for utilities & C Tax would be via debt claim, as these are not classified as rent.

You will have a chance to mount your defence in Court against either debt or eviction (repo)

[The Carpet Cleaners]

further more. Bailiffs cannot get involved until it has been to court, so any threat of bailiffs will be hot air designed to frighten into paying.

[stu007]

Hi

 

Have to agree with The Carpet Cleaners it letting agency trying to ride roughshot and scar you.

 

Also if possible could you scan you agreement and post up minus any personal detail to give us a better understanding to assist you.

[ameliaonline]

Hi

Also if possible could you scan you agreement and post up minus any personal detail to give us a better understanding to assist you.

 

Don't have a scanner, sorry. In any case the tenancy document itself is not very informative - the agreement between the landlady and her tenants was verbal (yes I know). The CAB tell us though that once the tenancy agreement runs out and changes to a rolling monthly one, it is deemed to continue in the manner in which it was run in practice. Therefore, the terms on which the landlady was actually running the contract hold, and we do have some evidence in that regard (though currently not as much as we would like).

Meanwhile, letting agent has keys and can therefore let bailiffs in peaceably. He also has ample time to request 24 hour notice to come in before my partner moves out on Saturday. I understand that he can only use private bailiffs to collect rent arrears - anything else will need to go through court - but in practice, how do we deal with it I he calls and attempts to introduce bailiffs? If we call the police, whose side will they take? What information should we be requesting to see?

[ameliaonline]

He may have to provide evidence, statement from ex-LL?, that rent inc C Tax & water.

If we can get a statement from ex-LL, what form should this take so that it is legally valid? Should we get a witness, or do we need to involve a lawyer?

[The Carpet Cleaners]

What is a private bailiff??

 

No such thing.. A bailiff can only be used if a debt has gone to court. Any one and I mean absolutely anyone who calls round for money and you have not been to court is NOT a bailiff. If they use any sort of threatening behaviour get the police immediately. They will be on your side, as debt rent or otherwise is a civil matter, and anyone demanding money with menaces is not legal. He could get a debt collection agency, however if they turn up at your door, you do not have to open it. You can also revoke their implied licence to call at your property, and therefore next time they call it is legally trespass.

 

Without anything going to court, it is all bully boy threats, and should be ignored or reported.

[citizenB]

I would imagine a simple statement from the ex LL would be sufficient. Make sure she signs it at the bottom with a statement of truth.

 

xx

 

 

Statement of Truth

 

I believe the facts stated in this Witness Statement are true

 

signature

 

Dated