Money claim for rent arrears

[islandgirl]

What proof is there that the key was handed back / tenancy actually ended? Surely it will all hinge on this?

[dibss]

What proof is there that the key was handed back / tenancy actually ended? Surely it will all hinge on this?

It was in 2009 so I no longer have any proof other than finding the letter that was written giving my 4 weeks notice on my computer, which i gave to member of there staff at there estate office.

[islandgirl]

so if they allege that the keys were never handed back and you have been getting rent from the flat all this time how do you counter that?

[dibss]

I haven't been getting rent from the flat. The person who acquired the keys has been paying them directly with a rent payment card.

[islandgirl]

Thank you. So I simply don't see why they are coming after you for the "new" tenant's arrears? how can they be accepting rent but claiming that you remain the tenant?

[dibss]

They are saying they have no record of me handing in a letter giving my 4 weeks notice or the keys. The person who acquired the keys told them that we were friends and that i gave them to him as long as he paid the rent.

[islandgirl]

Thank you for explaining. Do you know if the Housing Association allowed subletting or if it was prohibited?

[dibss]

Subletting is prohibited.

[islandgirl]

so if they thought you were subletting all those years why did they not take action against you? Are they saying they "thought" it was you still paying through the phantom strange bank account? It is all very odd and I think the HA have a lot of explaining to do. I would also be down at the bank finding out if false ID was used to open the bank account used (showing your surname) etc., You have to gather as much evidence as possible at this stage as I am sure you know

[dibss]

Thank you. All the info I have is from the DSAR.

The info regarding the bank card is unclear, they received the bank card number that the rent was paid with via an email to allpay but there is no bank info just the long card number which is crossed out, they used that as evidence but it wasn't clear if they were saying it was mine. Do I ask them for that information?

[islandgirl]

There may be other members who will come along with more advice for you but I would have thought that, if they were taking money from someone which was not you, and they knew (or should have known) it was not you paying, and their rules prohibited subletting, then surely they would have taken steps to remove you as a tenant for breaking the rules. The only reason they would not have done so is that they knew there was a new tenant in there. Perhaps other members will comment. This will be about gathering as much evidence as you can to prove your side of the story.

[dibss]

I've received a letter from the court today dated the 8th July asking me to file directions by the 25th July which is Monday. At the hearing to set aside the judgement it was said that we should agree directions between myself and the claimant, but I haven't heard from them at all since sending them my defence.

[dibss]

I'm filling out the directions questionnaire, what do i put in part D as the reason for wanting a hearing?

The form has recently changed and now asked why you want a hearing

[atticus]

Perhaps you can explain your reasons, to help us suggest appropriate forms of words. The notes at the side in the DQ give examples of reasons.

[dibss]

Thanks, I don't know honestly, I just thought it was best to be in attendance in case there were any questions regarding my witness statement and evidence.