Important legal notice not received by recorded delivery or returned!

[vmc-on-top]

Some time ago, i was served an important notice about repairs being done by the landlord of a property i rent out (i don't live there).

The notice was sent to the property and it was sent to my office address - the latter by recorded delivery.

Neither was received by me.

 

The landlord is a Housing Association and is threatening legal action now for non payment.

They are relying on the fact that this notice was correctly addressed to my office address and signed for.

However, they've produced a receipt from Royal Mail which is not signed by me, or anyone who works in that office (there were only 2 of us working there at the time anyway - and it was a weekend when i was moving house!).

 

it looks like its probably been signed by a neighbour, though i don't know who and was never given to me.

importantly, there was no card left by RM to let me know that they'd dropped it off

 

I've spoken to Royal Mail who only keep records for 12 months, so they can't definitely say where it was delivered to, other than their "normal" process is to deliver a card to the address to say its been left with a neighbour. 

 

Can anyone point me in the direction of any case law which might help, or offer any suggestions?

Its quite a substantial sum of money involved. 

[dx100uk]

well most mail is deemed served after 5 days anyway

proof or not of receiving or not is possibly now somewhat immaterial and doesn't detract from..

 

you do owe the money?

or are you disputing the work was ever necessary?

 

 

[slick132]

Hi Vmc,

 

Firstly, a RM Signed For delivery letter should not be left with a neighbour. Also, you refer to RM keeping data for 12 months only - when do you think the letter was delivered.

 

Also, you say the LL had to pay for repairs and the LL is a Housing Assosiation.

 

Please give more info so we know YOUR position in this situation - eg, who is the LL, Freeholder, Leaseholder, Tenant, etc so we can make sense of this.

 

Roughly what works were required; what was the value of the works; has someone  (who) already paid for the works.

[vmc-on-top]

I know when the letter was delivered - this goes way back to 2016 - the Housing Association have provided the receipt from Royal Mail. 

 

The Landlord is a Housing Association in Wales (I'd prefer not to give names). The HA is the freeholder. I am the long leaseholder. there is an occupational tenant in the property renting it from me. 

 

Very roughly, the works formed part a major roof replacement - from memory, £230k between 18 long leaseholders. The works have already been paid for by the HA. 

[slick132]

Broadly speaking, the HA would have control of the works, and the nominated contractor but you, as the Leaseholder. will be responsible for your share of the bill.

 

If you fail to pay, the Freeholder HA has the option to take you to court for the money seeking legal costs on top plus enfocement costs; seek payment from your lender if you have a mortgage.

 

I doubt you have a chance of contesting payment on the basis of non delivery to your address.

[vmc-on-top]

There is a statutory consultation process to go through - and it hasn't been complied with. 

 

Not to worry though, I'll keep looking around for some relevant case law

[slick132]

I get that but contesting the issue 4 years later is going to be an uphill struggle.

 

An SAR to the HA might be your next move if you want to pursue this.

[stu007]

Hi

 

I have to agree with all comment especially since this was some 4yrs ago as you will have difficulty proving this.

 

Have you just written to the HA on this or have you went through there Formal Complaints Procedure?

 

When you moved did you update the HA with your new address or keep it at your Office Address and was that confirmed in writing by the HA?

 

What letters have you received since the roof replacement about none payment from the HA as you must have been getting letters requesting payment over these 4yrs from the HA?

 

I agree you need to send the HA a Subject Access Request (SAR) if they have there own SAR Form you need to make sure when you fill it in no matter how that form is laid out to write this simple phrase 'ALL DATA' (doing this includes every but of data they hold on you no matter what format it is in whether it is written, email, phone etc). They then have 30 Calendar days to respond on once they have have acknowledged receipt of your SAR (note this time limit may be extended due to current COVID-19 but they would need to inform you of this and there reason)

 

Was the roof replacement part of the HA routine upgrading of the Properties or was it done as an emergency/urgent requirement?

 

If this was routine upgrading of the properties yes a consultation should and would have taken place with all tenants/homeowners/shared owners etc. but if it was and emergency/urgent this would not happen and everyone would then be informed before the works but no consultation due to the urgent nature and safety of the residents and there properties.