Landlord owes us money, help?

pmlindyloo

May I suggest an alternative?

I would write to the landlord and cc the letting agent (use the address on your tenancy agreement even if it is care of the letting agent)

Something like this

LETTER BEFORE ACTION

Dear Landlord

On (date) we vacated our home because it was inhabitable.

As agreed by the Letting Agent, in writing, you agreed to reinburse the amount of

---

for alternative accommodation whilst repairs were being carried out.

We have waited for..........days for the reinbursement.

We would be grateful if you would reinburse the said amount.

If we receive no reply to this request within seven days from date of posting then we will commence legal proceedings as is our right.

Alternatively, we would be happy to deduct the said amount from ...(month)'s rent.

If you prefer us to deduct it from our rent then please state this in writing.

Yours..........

As regards the other repairs I would write a separate letter detailing the repairs and saying that you intend to contact the environmental officer unless something is done within (so many) days.

Keep copies of letters and post 1st class from Post Office keeping receipt.

Of course this may result in the LL wanting to end your tenancy. Post back with your tenancy dates and we can help with whether this can be done.

GDB2222

But why are the assembled multitude telling you to start legal proceedings when you have a perfect right to offset the money owed by the LL against the rent? I knew they would, but it's simply absurd.

Mr_Pitiful

GDB2222 wrote: »

But why are the assembled multitude telling you to start legal proceedings when you have a perfect right to offset the money owed by the LL against the rent? I knew they would, but it's simply absurd.

Because they don't have that right.

GDB2222

Mr_Pitiful wrote: »

Because they don't have that right.

Good heavens! Why not? If you owe A money and he owes you money, you always have the right of offset unless it is specifically ruled out by contract.

Mr_Pitiful

GDB2222 wrote: »

Good heavens! Why not? If you owe A money and he owes you money, you always have the right of offset unless it is specifically ruled out by contract.

It would be nice if that was the law, but it isn't. The tenant will still have the obligation to pay rent as that is what they agreed to do even if the landlord has failed to meet their obligations.

A landlord can agree to an abatement of rent or a court can order one. A tenant can't decide one themselves without risking their tenancy.

Yorkie1

pmlindyloo wrote: »

May I suggest an alternative?

I would write to the landlord and cc the letting agent (use the address on your tenancy agreement even if it is care of the letting agent)

Something like this

LETTER BEFORE ACTION

Dear Landlord

On (date) we vacated our home because it was uninhabitable.

....

Slight tweak as above in red.

GDB2222

Mr_Pitiful wrote: »

It would be nice if that was the law, but it isn't. The tenant will still have the obligation to pay rent as that is what they agreed to do even if the landlord has failed to meet their obligations.

A landlord can agree to an abatement of rent or a court can order one. A tenant can't decide one themselves without risking their tenancy.

I can give you any number of links to the right of offset. Can you substantiate what you say?

Kynthia

Normally I'd never recommend not paying your rent as it's contractually required and can result in you being evicted. However you paid rent and hotel costs for the same period of time which isn't right. In this case, as you can't afford to wait for reimbursement and had it in writing that you'd be refunded, I'd consider deducting the monies from rent.

However can I confirm that you've put the requests for reimbursement to the landlord in writing with copies of the reciepts attached? Also the citizens advice bureau could give you good advice.