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2007-03-05 02:24:08 · 21 answers · asked by So-phis-ti-cat 1 in Politics & Government Law & Ethics

i did owe over £300 in october and paid it in all in jan and now set up a standing order but in feb i've received papers for court in march landlord seeking possession of property because of rent arrears. But to note i did explain to landlord when he will recive his rent and all my circumstances but this was not written down and now papers are filed and for me to pay court cost and all that. I'm confuse. I'm not working i'm a full time student with children.

2007-03-05 02:43:42 · update #1

21 answers

you must go and state your case

2007-03-05 04:04:13 · answer #1 · answered by traveller 7 · 1 0

Your Landlord is quite correct, if the terms of your lease or Rent Agreement say so, to consider your rent is not being paid according to the Agreement. However, from what you say, you have paid him the arrears and the more important feature is, he has accepted it. Keep copies of all correspondence.
You should, if you have been served with Court Summons, write to the Landlord indicating his acceptance of the arrears and call at a Solicitor's office for advice.
If it is as you state and the Rent Agreement is not watertight, you will most certainly win your case.
Any Landlord worth his/her salt would be assured of success if this was taken any further

2007-03-12 06:53:10 · answer #2 · answered by MANCHESTER UK 5 · 0 0

YES!!! Even if you paid your rent one day late, you could be in arrears. Example, your rent is late after the 3rd of each month. If you paid on the 4th you would accrue one day of late fees. Normally these are $25 for the first day and $5/day after that. Any payment goes to late charges first and the balance towards the rent. So if your rent was $500, and you paid one day late, $25 goes to late charges and $475 to rent. You still owe $25. And guess what? A real prick of a landlord can charge you late fees on that!! Now the fun begins!! The next month you pay on the first. Good for you!! But wait ...you still owe $25 on the previous month!!! Now you have shorted this month!!! It will snowball endlessly. Ask what you owe and pay it!! Don't go to court because you will owe court costs, too! Sorry

2007-03-05 02:41:25 · answer #3 · answered by Alan B 1 · 0 0

If you occupy your property under a shorthold assured tenancy then your landlord can seek possession under one of two ways:

- rent arrears - if you've paid then you've no problem, but MAKE SURE you fill in your defence showing what you've paid and that you're up to date

- accelerated procedure - If he's using this, he served proper notice on you, and you're over six months into your tenancy then there's most likely nothing you can do. The law allows landlords to recover their properties without any reasons in this set of circumstances.

In summary, if he's saying you're in arrears then the answer to your question is YES, you must go to court and show the court that you're not in arrears. After all, they have to make a decision based on the information in front of them. If they only have your landlord's word then they'll go with him.

2007-03-05 10:57:43 · answer #4 · answered by Joe 5 · 0 0

If you don't go to court then you loose automatically and will have to move out. also a court will order you to pay back what ever the landlord says you owe. that will be on your credit report for 10 years. If you do go to court. your landlord must prove that you are behind in rent. if you don't think that you are, bring receipts, canceled checks, money order receipts, or other proof that you have paid.

2007-03-05 02:31:41 · answer #5 · answered by chris 2 · 0 0

Having read your account it is imperative that you attend the court hearing, and believe me it will not be an horrendous experience.

The landlord will be asked to explain his side of the story and you will be asked to tell yours.

You will find the court sympathetic and not willing to have you, and your children thrown out on the street without good reason.

Fail to go and you will lose everything.

You're a mum bringing up to kids on your own, so you know how to fight.

You have demonstrated that you have made an attempt to resolve the rent arrears dispute.

Get to that court and come out fighting, for yourself and your kids.

2007-03-12 21:48:31 · answer #6 · answered by Anonymous · 0 0

If you don't appear in court and explain how you have paid off the rent arrears, the court will automatically rule in favour of the landlord and you will be evicted.

2007-03-05 02:46:42 · answer #7 · answered by Anonymous · 0 0

in case you're certain you do not have any arrears..Get data on paper out of your belongings proprietor. Then bypass to court docket and also you'll absolutely win the case. Then declare for harassment and prices fascinated about going to court docket. This contains lack of wages for the day you took off. in case you're not any more getting the data then you definately ought to lose....continually have a lease e book or economic employer truth on your funds,then you definately have data at hand.

2016-11-27 23:12:06 · answer #8 · answered by ? 4 · 0 0

Why don't you just gather your evidence where you have paid your rent like cheque stubs or on your bank statement and present it to the Court or to the people who are suing you for rent arrears. Then you definately will not lose your home? Hope you don't have to go through this.

2007-03-05 02:29:53 · answer #9 · answered by JENNIFER 3 · 0 0

If your not in arrears then yes you should go to court to prove your case and exonerate your self...If you dont show the court will enter a default judgement against you regardless...So yes you should go to court by all means otherwise youve already lost..

2007-03-05 02:30:22 · answer #10 · answered by udontneed2know 2 · 0 0

So-phis i know its going to cost you but get a good court solicitor and he will know just what to do but i can tell you not what to do and that is don't fail to turn up or you have given your case away///he might be able to recover all your expenditure and i imagine your landlord might have regrets for just £ 300

2007-03-09 03:58:54 · answer #11 · answered by srracvuee 7 · 0 0

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