Around 3 and a half years ago my girlfriend stayed at some temporary accommodation at University. No tenancy agreement was signed, or in fact any contract or agreement as such. For whatever reason, she was never billed, until recently when they began chasing the money.
Not being able to remember how long she actually stayed there for or even how much the weekly rent was, my girlfriend asked to see what documentation they had about the stay. They sent all they had in the post, which consisted of the following:
- An 'application' for accommodation - this is essentially a list of people's names registering an interest in accommodation on a piece of plain paper
- An acknowledgment that keys were collected - this was signed not by her, but me - I am officially nothing to do with the tenancy. Again, this is just a list of names with MY signature by the side
Putting moral obligations aside could she legally be forced to pay this bill of around £800.
2007-12-09 10:30:14 · 10 answers · asked by jonnyjpa 1 in Politics & Government ➔ Law & Ethics
Hmmmmm, this is difficult. i wouldn't say either way, my first advice would be go and speak to someone professional such as the CAB as they know the law much better than me.
What I can say is that a verbal agreement is as legally binding as a written one and if the landlord has any witnesses then you're boned.
On the other hand, if you're sure that no other documents were given i.e things stating rent etc (even a letter) then the landlord would have a hard time in a court case.
The landlord may also have difficulties given the time involved, however they are still allowed to chase this debt even after 3 years and I would imagine that their filing is probably better than your memory.
Also, I cannot see how you could just live there and leave after x months without anyone mentioning or asking for rent,
Unless of course you just upped and left and posted the keys back... which of course would be illegal and land you a BIG black mark at court.
Either way, one thing is certain, It WILL end up in a court case if no payment is made...
2007-12-09 10:55:40 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It is very unlikely they would be able to take legal action against you or your girlfreind unless they had a signed tenants agreement. Check on the document which was signed when the keys were handed over. If there is no mention of rent or any other charge then I would not pay.
You are within your right to view any documentation they may have regarding rent/tennancy. They should also have had your girlfreind sign an agreement stating how much she was to pay.
If I was you I would offer to pay if they can provide such documentation. Make sure you do it in writing and keep a record.
2007-12-09 10:40:17 · answer #2 · answered by Anonymous · 1⤊ 1⤋
Your Girlfriend would still have to pay the bill as companies have 6 years to claim outstanding monies. Further to this, if she doesn't pay it they may incur administration fees-which as long as they are reasonable are perfectly legal. Inevitably if she does not pay this bill and the claimant takes her to the civil courts and win ( which is a high possibility given the evidence they have)it is highly likely that damages may be awarded in the form of legal fee's and this would result in a much larger bill than £800.
My advice to you is no matter how much she doesn't want to pay, bite the bullet and pay before it costs her a small fortune.
PS-Not only could she have to pay the companies legal fee's but she would certainly have to pay her own for her defence team.
2007-12-10 05:41:56 · answer #3 · answered by Kelly 1 · 0⤊ 0⤋
i9 used to think the uk had only 7 years to collect a debt-my father owed some rent on a council house he lived in..in 1969- when he had to sell his last house he found council accomadation-his first bill with his rent was the amount he hadnt paid in 1969( this by the way was 2006) so i really dont think a debt ever goes away and if u dont pay it now believe me it just keeps going up in cost and one day thell catch up with you-sorry to be the bearer of bad news-good luck
2007-12-10 00:31:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
The SoL on a non-written debt obligation in the UK is 6 years, so the bill is still valid.
If they sue her for it, they would have to prove to the court by "a preponderance of the evidence" that she did live there. That means they only have to convince the judge by 50.00001% that they're telling the truth. Papers that show that a) she asked for a room, and b) you picked up the keys for her would *almost certainly* do it.
She might want to try asking if they'll take a reduced amount after so long, rather than go to court and sue her, or failing that, ask if they'll take payments.
Richard
2007-12-09 10:41:13 · answer #5 · answered by rickinnocal 7 · 0⤊ 2⤋
It wouldn't hurt your credit to have this incorrect information repaired. Just contact Equifax and tell them to correct it. They have to provide you with a free report after the correction.
2016-05-22 09:12:46 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes she could . If it goes further it'll be up to her to prove she didnt live there rather than them proving she did. I believe someone has 6 years to claim a debt in the UK xxx
2007-12-09 10:33:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would seek advice from CAB, they will be able to tell what your legal standing is.
2007-12-09 10:41:59 · answer #8 · answered by cross_sox 3 · 0⤊ 0⤋
Sounds more like you could be...
I'd encourage her to pay up... or else you'll probably wind up paying.
2007-12-09 10:34:23 · answer #9 · answered by Wise_Guy_57 4 · 1⤊ 0⤋
Not unless they have written proof of length of stay etc. . No.
And if it takes them that long to realise she was there, I wouldn't worry about it.
2007-12-09 10:37:29 · answer #10 · answered by Jimmy C 7 · 0⤊ 3⤋