Money claim for rent arrears

[dibss]

I moved out of a housing association property in 2009 handed in 4 weeks notice in person at there offices and handed in the keys again at there offices a few weeks later. Did not hear anything from them till 2021 stating that I had been illegally subletting the property.

fast forward possession order when ahead in my absence this year. no problem with that but I am now defending a claim for rent arrears that the illegal tenants have a crewed since they stopped paying in sept.

Had the judgement set aside and now need to hand in my defence by the end of the week.

I have written a defence with the help of someone through support through court, but am now wondering if I need to add the lack of information regarding the property that obtained through a DSAR from the housing association?

My defence just states that I moved out on such and such date and provided them with 4 weeks written notice for which i have found the word document of on my computer and didn't enter into any agreements to sublet the property.

I want to know if I should mention the lack of information provided in the DSAR like no rent statements between 2005 and 2010 the fact that the person living there was in arrears between 2010 -2011 of around £600 who did they contact about this? and a letter sent in 2018 asking for me to come into there offices and provide proof of my photo id and bills that prove I was living in the property? Housing association refuse to confirm or deny that the interview ever took place. To me these are both opportunity's for them to have figured out there was subletting going on long before they did realise.

[dslippy]

Identify first just what was the status of the party living there. If they are your subtenants then their arrears are sums due to you, and (it is not clear) you did not surrender possession , so that despite having given notice, you continue to be the tenant of the HA and responsible for the rent.

That is one scenario, but it all appears confused.

[dibss]

I believe that the keys were sold onto the person living there by a member staff of the housing association. but the person who has been living in the flat said i gave the keys to him on the agreement he paid the rent. Which i didn't.

The person also has been paying the rent from a bank account with my last name on it, this account isn't on my credit file as i only have my bank account on my credit file.

[dslippy]

Some very strange assertions here.
How and why would the HA sell a key to the now occupier?
You have a strange way of saying an account is not yours.

[dibss]

Some very strange assertions here.
How and why would the HA sell a key to the now occupier?
You have a strange way of saying an account is not yours.

As I gave the keys to a member of staff at the housing association upon moving out I'm not really sure how else he got the keys.

But anyway my question was do I need to provide any of the information gained through the DSAR in the defence or will ibe able to present this information at a later date via witness statement?

[dslippy]

Why would the passing of a key to the tenant be by way of sale?

You do not answer about the bank account. Is it yours?

In any event the present occupier appears to have paid and had accepted rent. He is a tenant. He is either your sub-tenant or a tenant direct of the HA. The difference is huge and fundamental to how this goes forward.

Identify what you actually know took place and differentiate that from what you conclude might have happened.

You may be in a mess here, or you may not. To find your way through, you have to be much clearer in your thought and undeerstanding of what actually happened.

[dibss]

Ok thank you what happened is I handed in my 4 weeks notice to end my tenancy and then handed in the keys to the housing association. Didn't hear anything from them till I received a letter stating they were claiming possession of the property 11 years after I ended my tenancy.

The bank account is not mine.

[dslippy]

Your best argument appears to be that you having surrendered the tenancy the HA accepted the new tenants as theirs, and that any dispute is between the two of them.
You have some explaining to do about a bank account with your name on it.

As to conduct of the litigation, differentiate between the points you wish to make and the evidence in their support. Beyond that some else will have to assist.

[dibss]

Ok thank you.

They don't care about the bank card with my name on it. As its not on my credit report then i guess i don't need to concern myself with it either.

[dslippy]

If your name still appears on something associated with p[ayments of rent then you certainly do need to concern yourself with it. It goes against an argument that they HA accepted the new tenants as their tenants impliedly releasing you.

[dibss]

If your name still appears on something associated with p[ayments of rent then you certainly do need to concern yourself with it. It goes against an argument that they HA accepted the new tenants as their tenants impliedly releasing you.

My tenancy was never cancelled, I was unaware of this fact until last year when I received a letter asking me to remove the tenants and told I would lose the tenancy.

As for the bank card that information came from the housing association, they requested information from allpay and were told that the rent payments were made from a bank card with my last name on it, no idea if it's in my first name though.

[dslippy]

if you hand in the kets and say you are finishing your tenancy and then they hand the keys to someone else and accept payment from them then you have a clean pair of heels as near as you will get.
If however thet continue to accept payment apparently from you, then that makes all the difference.
If your name is 'Smith' that might be one thing, if it is 'Swiddlebritch' that would be another.

[dibss]

if you hand in the kets and say you are finishing your tenancy and then they hand the keys to someone else and accept payment from them then you have a clean pair of heels as near as you will get.
If however thet continue to accept payment apparently from you, then that makes all the difference.
If your name is 'Smith' that might be one thing, if it is 'Swiddlebritch' that would be another.

Ok yes I paid via monthly direct debit or standing order. Obviously my payments stopped when I moved out and that account was closed at the same time I moved out.

The dsar I requested is missing all my rent payments from 2005 onwards. The rent statement's restarts in Apr 2010. which is where I found out the account was in arrears to a sum that I believe the housing association would have been in contact with someone about. Rent was paid after I moved out with a rent payment card. Which I didn't have because I paid monthly directly from the bank.

all contact details are mobile phone numbers that are not mine again no info prior to 2010.

They haven't asked me about the bank card that the person has been using as my credit report will easily show that it doesn't belong to me. I have 1 current account that I've been using for years.

[dslippy]

You need to take this carefully, but it seems to me that your argument is that you were not a tenant since you left and hat hey have accepted somebody else as tenant

[dibss]

I sent my defence to the court and the other side on the 29th June and have not heard from them so far regarding agreeing directions, Should I contact the other side to see what's happening.