Rent arrears and very unhappy landlord

Werdnal

amberleaf123 wrote: »

If the landlord is entitled to pursue me for rent arrears, aren't I entitled to pursue him compensation if the law states I can?

And where are you going to get the £1000 plus in court application fees to try to take the claim against the LL to court? If you can raise £1K that easily, use it to pay your rent!

I did have a modicum of sympathy for you early on in this thread, and posted what I thought was some helpful advice on how to sort out your situation, get your life in order and keep a roof over your head. Sadly, you don't seem to want to take advice get your own finances in order, you just want to try to punish your landlord for ranting at you over the missing rent.

Yes, Landlord has failed to protect your deposit, but this could be a genuine mistake on his part. You however, have stuck your head in the sand and tried to ignore the fact that you are creating a debt for yourself and breaching your tenancy obligations to pay for the property your landlord has provided. Now you are clutching at straws to try to get yet more money out of the landlord ... are you for real?

Good luck with your court case against the landlord, and do let us know how you get on ...

You still haven't answered how you expect to rent somewhere else even if the LL returned the deposit, if you have no money. Surely that should be your first priority here? I know I would be !!!!!!!! bricks in your position and concentrating on my own future ... not clutching at straws to try to get back at my landlord!

No wonder other members here think you are a troll ... I'm beginning to get that idea myself!

Fire_Fox

amberleaf123 wrote: »

Fair comment but what about the landlords responsibilities?

Is it fair that he didn't protect the deposit? Is it fair that he thinks it is acceptable to shout threats and obscenities through your letterbox or kick the door?

I know I am in the wrong here. I have failed in my duty as a tenant but hasn't he failed in his duty as a landlord?

If the landlord is entitled to pursue me for rent arrears, aren't I entitled to pursue him compensation if the law states I can?

If you think the landlord is breaking the law report him to the police. The landlord was responsible for providing a roof over your head, keeping it in a habitable condition and ensuring the house does not get repossessed. As far as we know he fulfilled all those obligations.

Your immature tit-for-tat game could end up with him repossessed, repo can easily end in bankruptcy. Nobody deserves either, it's quite possible he is acting irrationally because he is suffering with stress/ anxiety or insomnia (disorders of mental health). And you want to screw him through the courts?

Concentrate on claiming the benefits you ARE eligible for, pay your debts, stop the landlord being evicted, stop the landlord being annoyed. That is the fair all round solution: the taxpayer gives you what you are due, you give the landlord what he is owed, landlord gives the bank what they are owed.

How do you propose to afford the court costs anyway? Pay your debts OR move out and let the landlord take in a paying tenant, your choice.

Mozzanov

amberleaf123 wrote: »

If I pursued compensation, the landlord would need to pay 1-3k in compensation plus return my deposit and I assume pay costs. This would cost him more than the rent arrears.

Surely it would be in his best interests to return the deposit, give me some space to sort out alternative accommodation and then we can all move on?

You really have your priorities wrong. Yes, the LL shouldn't be harassing you and your deposit has to be returned, but this isn't a priority (you say that it's too late for benefits, but it's not - this deposit will take longer). Speaking with the DWP, council, Shelter and the Police is. Getting your immediate financial situation resolved so that you can move on is. It's in your interest to resolve this (for you and your family). Why have you buried your head in the sand for so long? There's a lot of help out there, if you bother to try. You've been given some great advice by others, so pull your finger out and do something.

SavvyStudentSaver

Just got round to reading this thread (had it open for a few days, but been REALLY busy), and I've got to say- if the OP hadn't had rent arrears, each one of us would be encouraging them to sue for 1-3 times the deposit, as a) it hadn't been protected, and b) the LL hasn't performed gas safety checks. So, the LL isn't really being stung by the OP if they claim this.

In fact, if the OP had claimed the 1-3 times the deposit BEFORE having rent issues, they'd have been able to pay their rent with that money, and been living in the LL's house for free effectively for a few month's anyway. So perhaps it could be worth the OP using this to negotiate with the landlord, to maybe draw a line under this. But that's down to negotiation- it may just turn out that each party needs to pursue the other in the courts for what's "theirs".

However, the OP should not believe they can claim the 1-3 times the deposit AND not pay rent-whilst the OP can claim their off their LL, the LL is also entitled to serve the appropriate notices to begin eviction proceedings, and then claim the rent arrears back from the tenant. Just because one party acts inappropriately, doesn't give them any less right to bring the other party to account for their failings in upholding the contract. I think some people have perhaps been a bit harsh here, and implied that.

Oh, and the OP should perhaps bear in mind the 1-3 times the deposit will be a discretionary amount, and if it gets to court, I'd imagine a court might award the minimum because of rent arrears, etc. But that's just a suspicion.