Small Claim Application for Rent for period that I did not live there.

[Spider2021]

I rented whilst working from home at a location close to my employer. This was on a daily basis with rent being charged per night. I left employment and kept getting emails and letters about unpaid rent but the numbers were wrong so I just ignored the correspondence as it was incorrect and didn't really want to pay for days I had not stayed and for time that I wasn't there for. It is quite obvious on the invoice that there is an error as the number of days mentioned is actually 13 and the calculation is for 27 days. The small claims is in Northern Ireland and no real supporting documentation is provided, simply the sum, interest and court fees.

I have proof of the nights spent there indirectly by plane tickets which I used to travel back and forth to said location along with a few emails early on in the rental period that state I will be charged only for the nights spent there and not while I am away. The keys were put in a drop box when leaving and picked up on returning.

There is an option to dispute the amount , which I plan to do and then an option for counterclaim.

It is all kind of inconvenient at the moment but I was wondering about the legal stance in this instance.

I have made payments earlier for time spent there as the invoices were correct up to that point. Then they started to issue incorrect invoices as mentioned above and I just didn't pay them.

What is the best way moving forward then?

1) Dispute the claim and no counterclaim by simply stating that I dispute this claim.

2) Dispute the claim and issue a counterclaim. With the above plus actually showing the proof by supplying the emails of what was agreed to, copies of the flights taken and the correct calculations? I would make payment for the nights actually stayed before submitting the claim but not sure if by doing so I would be admitting fault. How much is reasonable to charge for what would probably take quite some time to prepare of say a good 10 hours and do I have grounds to do that?

I have not admitted the debt in while or in part to the claimant.

I now no longer take up any employment where the accommodation costs are not included so this will not be an issue moving forward. Lesson learned.

Any advice is greatly appreciated.

[atticus]

If you have a counterclaim that you wish to pursue, then make it.

But what is your claim against this claimant?

[Spider2021]

Well I just want to be charged for the nights I actually stayed there. I guess the counterclaim would be for the time spent correcting their mistakes and providing all the evidence in regards to that. Surely my free time is worth something if I spend it that way. Otherwise I can just nick acknowledge the charges as they are wrong and they will have to prove that X number of days is really y, but that will be impossible. Most likely they will have to amend their claim so maybe a counterclaim and paying the actual amount owed up front would be enough for the judge to agreed with a counterclaim for time spent doing all of that.

[MIKE770]

Lip fee is £19 per hour so you would work out your time dealing with this and claim (if you win).

[Spider2021]

Many thanks. I guess I could info the court that I do not acknowledge the rent fee owed and make a point that the maths is incorrect and see if they will send.me the correct invoice.

[atticus]

You may guess that, but you need to acknowledge service and file a Defence. Otherwise you will end up with a judgment against you and an adverse entry on your credit record.

[Spider2021]

Sure I will do that but am not sure I need to submit a counterclaim although I think that there are grounds for it. I don't think a landlord can just charge for extra days that have not been agreed to by contract. I think I should pay the amount actually owed and then leave it up to the judge to decide the outcome as that leaves the claimant with no real basis of a claim. At least that is what I think but maybe I am wrong.

[dslippy]

You only have a counterclaim if you have actual losses. The general stress of litigation is acknowledged but does not come under this heading.
File a defence and be ready to prove it

[Spider2021]

So an update. The claimant has admitted to me via email that they have overcharged me for four days and the amount owed has now changed. I am still of the position that they overcharged me for ten days rent and was wondering where I stand in regards to small claims court. In my defence I have stated that I do not owe the amount they are charging me and this has now been proven. So this is my question. As I have proven that the amount I was billed was incorrect does that mean that the claimant has to file a new claim in small claims court and that the current claim is invalid or can they amend their current claim and still have the same court date etc. I'm asking this so I can use some of this as leverage for them to agree to the actual days I spent there and just pay for them. I have emails sent to them saying I do not need those days and also have flight tickets that show I left for those days and then returned back later. For some strange reason they are only willing to acknowledge four days and not the entire ten that I was overcharged as an error. Any advice would be appreciated. As mentioned I did not file a counterclaim as really I just want to pay the actual rent for nights requested. (rent is charged per night)