need some advice in relation to an old landlord

leeds_damien

jjlandlord wrote: »

LL's inaction does not lessen OP's obligations... Which he failed to fulfil.
LL's inaction was to OP's benefit and is not a fault. OP's inaction was to LL's detriment and is a fault.

If OP does not pay up, is sued, he will loose. And rightly so.

LL Obligations is to keep the house full occupied, in a decent livable condition IE heating and no water features running down the wall in the kitchen despite my regular emails to his existing property management company.

LLs inaction was to his own benefit as he never did any repairs. this led to my formal withdraw of monthly payments until said work was done. said work was never completed hense my holding his funds, as mentioned we sat down and agreed a sum at the end of my tenancy that benifitted us both but LL again never for-filled his agreement by putting all agreement figures in writing.

in summary no one in this situation was perfect hence why we are here today. it would be more helpfull if you looked at this in a less blinkered way. as mentioned above we are on our way to an agreement with no thanks to yourself.

leeds_damien

Loanranger wrote: »

Ooops, sorry.

tis ok, i went to reread it myself as i thought i might have missed out that bit

nick_

leeds_damien wrote: »

I couldn't agree more.

the reason for the poll is its the 1st time i have ever used this forum and i did not know how things worked and once i put the poll on a agree it was not appropriate but could not see how to remove it.

i am not trying to shy away from the debt i just wanted to know where i stand legally. as mentioned above i never wanted to eat into his funds, i and my partner had been made redudndant and it was our only means of paying the mortgage.

I want to settle things in the best possible manor but i just wanted to know what would happen if he insisted i pay him now. the only reason he is now chasing is he now owes the tax man (he told me this on the phone) so obviously a payment plan is not going to help him in the short term.

The landlord was slack and so where we as tenants so there is equal blame to be proportioned here. i just want to know how best to approach things. Its got me worried sick. i am not sleeping as i can not be sure where it will all lead.

I wasn't trying to sound too one sided in my original posts. I was in my own way trying to defend what you were saying, although maybe not in the most eloquent manner.

Glad you have come to some sort of agreement with the LL. Whilst you could probably get away with it if his past history of organising himself is anything to go by, it is refreshing to see somebody bothering to deal with a situation.

Try not to lose too much sleep, it's not worth it. What is the very worst that could happen? I bet you feel 100x better for talking with the LL though.

jjlandlord

leeds_damien wrote: »

LL Obligations is to keep the house full occupied, in a decent livable condition IE heating and no water features running down the wall in the kitchen despite my regular emails to his existing property management company. .

This does not give you any right to withhold rent unless you follow a strict procedure and carry out repairs yourself.

leeds_damien wrote: »

LLs inaction was to his own benefit as he never did any repairs. this led to my formal withdraw of monthly payments until said work was done

You started this thread claiming that you wanted to pay but that LL did not collect.
Now you claim you did not pay on purpose!

Clearly I was not one sided, but had smelled a rat.

DVardysShadow

jjlandlord wrote: »

This does not give you any right to withhold rent unless you follow a strict procedure and carry out repairs yourself.


You started this thread claiming that you wanted to pay but that LL did not collect.
Now you claim you did not pay on purpose!

Clearly I was not one sided, but had smelled a rat.

I think there is certain advice we might give to someone in a tenancy, primarily aimed at avoiding them being evicted.

But in this situation, things clearly have moved on, so we are advising on a different situation. I can't see any justification for the LL getting the full rent over the period, I really cannot.