Landlord trying to sue my son

Zandoni

My son moved into his rented accommodation 5 months ago.

On day one he noticed the hot water system wasn’t working properly. He tried very hard over the first month trying to get the Landlord to arrange its repair but he wouldn’t even admit that it had a fault, even though he had written proof from a heating engineer stating that it needed repair. He found out from a neighbour that the previous tenant left the property for the same reason. After realising that he wasn’t going to get anywhere with this Landlord he decided that he’d move after the minimum rent period.

Last week he was entering his house when he noticed a young couple leaving next door; he struck up a conversation and found out that the house next door belonged to the same landlord. The letting agent accompanying the couple asked why my son wanted to know who the landlord was, he said the same landlord owned his property and explained that he had trouble with the hot water system since the day he moved in 5 months ago. He told them that had repeatedly requested its repair but each time they refused to accept that it was faulty. He only mentioned it because he was concerned that next door might have the same very common problem and he felt that if they were going to take the property they should have it repaired before signing the contract.

Three days later he received a money claim on line summons from my landlord, claiming £5000.00 for lost rent. I firmly believe that my son done nothing wrong, as all his statements were of fact, what do you guys think.

poppysarah

Has he kept copies of the letters he's written to complain about the lack of hot water?

One months rent perhaps but 5k sounds excessive claim. (min 6 months rental term? and he was there 5)

mrs_deadline

Sounds like a try-on to me but he should go and get legal advice anyway.

MrsTinks

I think the lost rent is because next door didn't sign the rental agreement And the rental agent told the landlord

I don't see that the landlord has any case really - ultimately your son asked the rental agent if it was the same landlord to pass on his complaint regarding the lack of adequate maintenance of the property.
If you really wanted to get difficult your son could lodge a counter claim of neglect from the landlord to maintain the property in a suitable state for habitation.
As a tenant you have certain rights - and technically he could have organised the repair himself after getting 3 quotes and sending them to the landlord advising him which one he was plannign on using and then deducted the amount from the rent he paid that month - sneaky but in the eyes of the courts perfectly permissable if the landlord does not facilitate the repair after repeated written requests.

Notlob

I suspect he is claiming for lost rent on the other property due to your son's negative comments about the landlord.

It sounds more like a threat to extort money from your son and is unlikely to go all the way. For one thing, until a tenant has been found, the actual loss can't be established, even if it was deemed to be as a direct result of your son's comments.

Obviously, we have only read one side of the case, yours! So difficult to know the full circumstances. However, it goes to show, do not get involved in other peoples potential problems, let them learn it for themselves, but inform relevant authorities so that they can take action if required on negligent landlords.

Notlob

olly300

The landlord is trying it on.

When a prospective tenant goes to view a property it doesn't mean they are going to take it. This is just common sense. I've seen properties that I never rented with the same estate agent. So your son is not liable for one months or six months rent.

Your son can counter claim as MrsTine said, and I personally think he should. It's likely either way that your son will have difficulties getting his deposit back when he moves out so he loses nothing by counter claiming now.

However if he does or doesn't he needs to remember small claims are judged on the balance of probabilities so he should do everything to swing the pendulum his way.

He needs to defend the claim and he should show:
1. That the landlord didn't fix the boiler after numerous complaints with times, dates and methods of those complaints. This will work if he has letters and itemised telephone bills to back his statements up.
2. And simply state "That there are other properties in the area of a similar size and cost available to rent". He needs to get copies of the local estate agency newspapers advertising rental properties with different dates on them to use as evidence. (To make life easier for himself he should pick up 3 copies.)

If he puts in a good initial defence statement and has the evidence the landlord may drop the claim even before it goes to court.

olly300

Notlob wrote: »

s. However, it goes to show, do not get involved in other peoples potential problems, let them learn it for themselves, but inform relevant authorities so that they can take action if required on negligent landlords.

Unless the property poses an immediate danger or is an illegal construction you will find that most authorities are not interested.

Debt_Free_Chick

Zandoni wrote: »

Three days later he received a money claim on line summons from my landlord, claiming £5000.00 for lost rent. I firmly believe that my son done nothing wrong, as all his statements were of fact, what do you guys think.

Can you please post the precise wording of the claim i.e. what the LL is claiming for?

I'm sure others are right - that the LL is claiming that your son's comments led to the prospective tenants next door turning down the property and the claim is for the rent, next door, for the fixed period of the AST that they would have signed.

I agree that the LL is highly unlikely to succeed with this and that it's probably a try-on. But just to sure ..... can you please post what's on the Summons?

tbs624

Zandoni wrote: »

My son moved into his rented accommodation 5 months ago.

On day one he noticed the hot water system wasn’t working properly. He tried very hard over the first month trying to get the Landlord to arrange its repair but he wouldn’t even admit that it had a fault, even though he had written proof from a heating engineer stating that it needed repair. ..

The LL does have an obligation under S11 of the LL & T Act 1985 to keep water/space heating systems in good working order. However, could you explain this part a bit more as other posters are applying their own interpretations which not may accurately reflect the true situation (highlighting is my own) :

poppysarah wrote: »

Has he kept copies of the letters he's written to complain about the lack of hot water?

and

MrsTine wrote: »

.....
If you really wanted to get difficult your son could lodge a counter claim of neglect from the landlord to maintain the property in a suitable state for habitation. ..

Mrs Tine you seem to have made a huge assumption from what the OP has actually said so far - please note that no tenant should follow this suggestion

MrsTine wrote: »

....technically he could have organised the repair himself after getting 3 quotes and sending them to the landlord advising him which one he was plannign on using and then deducted the amount from the rent he paid that month - sneaky but in the eyes of the courts perfectly permissable if the landlord does not facilitate the repair after repeated written requests.

without first seeking qualified legal advice.

The T may have hot water: it simply could be that the timer switch is not working properly so that auto settings can't be properly used., for example..........this sort of fault would not mean that the property is not suitable for habitation

IMO Olly300 raises some good points, and DFC's suggestion is a good one.

On this related point :

olly300 wrote: »

.. It's likely either way that your son will have difficulties getting his deposit back when he moves out so he loses nothing by counter claiming now.

if your son is in Eng or Wales then the LL/LA should have scheme-registered his tenancy deposit and given him the "prescribed information" within 14days of them receiving the deposit. Was this done?

Your son can check with each of the schemes himself via the links here, and if the answer is "no" then he needs to write to the LL asap asking him why this was not done ( a LL can be ordered by a court to immediately repay the deposit to the tenant or scheme register it straight away and there is also the possibility of claiming 3x the deposit if the LL has actually failed to do either of those things prior to a court hearing.)

The other important thing is that your son should not simply ignore the summons.

Zandoni

Thanks all ror the replies

The heating & hot water system in the house is supplied using a Gledhill Boilermate. This boilermate has a very common problem where during the summer it will not work via gas but it will work at a very low capacity in it's emergency electric mode (Very expensive). When in this emergency mode it does't heat enough hot water to have a bath. The manual can be found here http://www.gledhill.net/pdfmanuals/2000%20Range/BM2000-Iss10.pdf

He has a letter from the letting agency stating the fault. He also has about 30 emails from the landlord where he goes around the houses stating that it's a setting issue, but he will not send an engineer even though he offered to pay if no fault was found.

The environment health officer called around, he also couldn't get the landlord to make a repair either.

The wording on the claim form is as follows:

You have been coming out and telling would be tenants not to take the house because of problems with the boiler.

You have told (name) of (another letting agent) that you intend to do this with all would be tenants you see.

I claim from you loss of rent not to exceed £5000.00 and interest at the county court rate.

If you wish to settle this claim it must be on the basis of a court undertaking not to repeat your actions.

Failure to do so will result in my applying for an injunction and if you break this you will go to prison.

Zandoni

If you think about it, if the landlord wins this he will be setting a legal precedent. It will be illegal to give negative feedback on ebay and the newspapers could only report on good stuff.