Landlord small claims court action

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Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    twink22 wrote: »
    Thank you youngsolicitor that's the kind of thing I was hoping CAB would be able to tell me.

    For the record I'm not saying that Shelter advised us to withold rent, they advised us after we'd done it and said it would be quicker and cheaper for us to continue witholding and make a counterclaim.

    We aren't bothered about references etc as we will be buying a house next year which is why we are more concerned with the ccj issue. Shelter have advised us on breaching the AST and we will never be 2months rent in arreas that a s.8 would require.

    I'm still not sure on the amount we would claim for though. If we claim for 6months by the time we get to court we would have lost out on more rent paid for something we aren't getting, would we have to claim again???

    Speak to whoever from Shelter advised you to continue to withhold the rent and make a counterclaim. They will be able to advise you further on the basis of any claim they have suggested you should make.

    No one here can help because, as you have seen, most would not support you withholding the rent due. I'm sure the CAB will not wish to step on the toes of the adviser at Shelter, so will probably just suggest going back to them too (as I said in an earlier post)
  • twink22
    twink22 Posts: 239 Forumite
    Wywth wrote: »
    No one here can help because, as you have seen, most would not support you withholding the rent due. I'm sure the CAB will not wish to step on the toes of the adviser at Shelter, so will probably just suggest going back to them too (as I said in an earlier post)

    Actually Wywth, youngsolicitor has already helped us with his/her advise. I would still like at least an opinion from CAB which was my purpose for posting, and I thought the purpose of this forum.
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi Twink22, thank you for your query regarding landlord small claims court action.
    Unfortunately you have posted this on the debt board and it is really a housing issue and you have been given advice by Shelter already who are specialist housing advisers. One thing I can say is that if the landlord goes for a money claim only and you loose after defending you would have 30 days to pay the judgement before it would be registered on the register of judgements and effect your credit report but it is likely that your landlord would apply for possession of your property as well as a money judgement and if you loose the case you may loose your home although if Shelter advise you that you have a good chance of success it may not come to that.
    Hope this is of assistance.
    “Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • twink22
    twink22 Posts: 239 Forumite
    CAB_Swansea_Bay_representative wrote: »
    Hi Twink22, thank you for your query regarding landlord small claims court action.
    Unfortunately you have posted this on the debt board and it is really a housing issue and you have been given advice by Shelter already who are specialist housing advisers. One thing I can say is that if the landlord goes for a money claim only and you loose after defending you would have 30 days to pay the judgement before it would be registered on the register of judgements and effect your credit report but it is likely that your landlord would apply for possession of your property as well as a money judgement and if you loose the case you may loose your home although if Shelter advise you that you have a good chance of success it may not come to that.
    Hope this is of assistance.


    Thanks For the CCJ advise, although I don't agree with you regarding possession, what I believe from speaking to Shelter is that we would need to be 2 months clear in arreas for a section 8 possession order to be issued (he can go for a section 10, 11 or 12 but it is unlikely a judge would order an eviction for a non mandatory breach of an AST), we will leave at the end of the agreement anyway so a section 21 notice is fine.

    We have decided to speak to a specialist housing and letting solicitor and find out if it's better to start a claim or to counter claim.
  • Wywth
    Wywth Posts: 5,079 Forumite
    twink22 wrote: »
    Thanks For the CCJ advise, although I don't agree with you regarding possession, what I believe from speaking to Shelter is that we would need to be 2 months clear in arreas for a section 8 possession order to be issued (he can go for a section 10, 11 or 12 but it is unlikely a judge would order an eviction for a non mandatory breach of an AST), we will leave at the end of the agreement anyway so a section 21 notice is fine.

    We have decided to speak to a specialist housing and letting solicitor and find out if it's better to start a claim or to counter claim.

    LOL

    I suggest you speak to that specialist solicitor about not paying your rent in full too ;)

    If, as you allege, Shelter have implied to you that you don't need to worry about paying your rent in full and on time, then I'm surprised they didn't suggest you pay just 1p per month, and offer similar advice to almost every student (particularly final year ones) in the land. ;)
  • Wywth
    Wywth Posts: 5,079 Forumite
    edited 30 November 2012 at 10:24AM
    twink22 wrote: »
    Actually Wywth, youngsolicitor has already helped us with his/her advise. I would still like at least an opinion from CAB which was my purpose for posting, and I thought the purpose of this forum.

    Yes, the advice given by youngsolicitor is essentially what I advised you in the very first response to your query
    youngsolicitor wrote: »
    Personally I think the safest route would be to pay the full amount of rent and make it clear to the landlord that he had an obligation to provide you with vacant possession of the premises at the start of the lease, and unless he offers you compensation and removes his stuff you will sue him in small claims court.

    You refused to listen to me, you don't accept fully what the CAB advised you and you presumablky don't wish to accept the advice given by youngsolicitor either.

    I guess there's just no telling some people ... :cool:
  • CFY11
    CFY11 Posts: 22 Forumite
    If your landlord is registered there is a warning letter/ request that your local council can write about repairs. The landlord then needs to take action following the letter. I wonder if it applies to keeping possessions in the house in your way as well. Worth calling your local council landlord registration dept and asking them for advice. They may be able to write to him as well. It is also worth them knowing that your landlord is causing you problems.
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