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Landlords claim notice to quit not received

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132 views 1 replies latest reply: 13 June 2016

They’re now trying to hold me accountable for another month’s rent as they say they never got my letter. Which I know is rubbish as I rang up a couple of days after I posted it, and an assistant told me it was ‘being processed’. But it’s their word against mine. Can I challenge this, or have they got me over a barrel?

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If you have evidence that you posted the letter, this will be enough. Either a certificate of posting or a witness who saw you post it and is prepared to confirm in writing.

If you sent the notice by 1st Class this will need to have been posted at least two days before the last working day of the month.

If you don’t have evidence of posting, a copy of the dated letter can be provided. If you typed it using a word processor you can take a screenshot of the file attributes (under Properties) showing that it was created at least two days before the last working day of the month.

I assume you made the telephone call before the end of the month? You could provide evidence that you made the call – A copy of your bill highlighting the call or a screenshot of the call history if you used a smartphone.

Put your case in writing and get evidence that you posted it (or email it).

If your landlord doesn’t accept your evidence, refuse to pay the extra month.  The landlord will then probably retain your deposit, which you can dispute with the deposit protection scheme. With your evidence, the adjudicator should find in your favour.

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