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Housing help !!!!

rampee72
rampee72 Posts: 3 Newbie
in House buying, renting & selling
My private landlord failed the housing inspection.So rather than pay for repairs.He put the house up for auction and gave us all two months notice,or if we can leave sooner.As I lost my job i am now on the DSS.I wish to withhold rent to use it for a deposit and as a months rent.Can I do this and what can he do if I cant and wont pay.He has already given me two months written notice.

Comments

  • Yorkie1
    Yorkie1 Posts: 12,663 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    No, you can't do this.

    He will be able to sue you in the county court for the outstanding rent, plus costs. If you don't pay then you may get a county court judgement against you, which could well have long lasting impact on your life e.g. ability to pass credit checks for future renting / mobile phone contracts etc.

    Don't do it.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    Desperate times call for desperate measures. I don't think that you owe this particular landlord any favours whatsoever. With a bit of luck he may not choose to take you to court (if he can find you to serve the documents) but if he does I hope you have a new job and new savings available to pay him before the court date.
  • Trollfever
    Trollfever Posts: 2,051 Forumite
    He put the house up for auction

    When is the auction?
    The property may not find any buyers.
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    The landlord isn't likely to get a decent price with tenants in situ who can't afford to move elsewhere and whom the buyer is going to need to spend decent sums in evicting. OP have you asked the landlord for a consideration in order for you to fund your onward move?
  • rampee72
    rampee72 Posts: 3 Newbie
    BitterAndTwisted wrote: »
    The landlord isn't likely to get a decent price with tenants in situ who can't afford to move elsewhere and whom the buyer is going to need to spend decent sums in evicting. OP have you asked the landlord for a consideration in order for you to fund your onward move?
    What is a consideration ? Thanks
  • BitterAndTwisted
    BitterAndTwisted Posts: 22,492 Forumite
    10,000 Posts Combo Breaker
    An amount of money in exchange for you leaving the property before the auction takes place. This would ensure that the owner of the property could secure the best price possible for it.

    Don't ask: don't get.
  • michaelvintner
    michaelvintner Posts: 658 Forumite
    Could you explain your situation to your landlord. Explain to him that you have no problem moving but because of your situation at the moment you do not have money for a deposit.

    If you find somewhere in the next couple of months could your landlord return your deposit for your present place early.

    As mentioned this will be helping both him and you. The property will be worth more with vacant possesion and so your landlord may get more for it.

    Do not withold rent.
    Iva started Dec 2018.
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Are you in England/Wales?

    Has the fixed term of your tenancy expired yet?

    Was the notice served correctly as a Section 21 form?

    What is really key for you, funding an onwards move I presume?

    Are you in receipt of LHA or something else?
This discussion has been closed.
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