Landlord wants to take us to court...but not evict

MissDVL

Hi all

We have not paid our landlord this month's rent and he has said if it is not paid by the 15th November, he will take us to county court for recovery!!

I was under the impression that LL could not take any legal action in regard to rent arrears until two months arrears have elapsed, he is an absolute @rse and wouldn't surprise me if this was scare tactics.

He hasn't even mentioned trying to evict us, just court action.

Can anyone shed light on this please?

Abbafan1972

But you haven't said why you haven't paid it though?

RoyalDad

Why have you not paid his rent?

MissDVL

We are in dispute over repairs required on the house

[Deleted User]

MissDVL wrote: »

We are in dispute over repairs required on the house

Have you followed the legal procedures for withholding rent due to repairs to the letter?

MissDVL

We have followed all the rules we are aware of and have sought advice from an experienced estate agent on the matter - this is the route he has suggested. We informed the LL months ago of the problems that had occurred and it's a health hazard (damp) which has still not been fully resolved. On top of that our heating system has not worked correctly since we moved into the property in June.

ognum

I am aware you want to leave your rental property, are you actually trying to get evicted, is that the aim.

Why did you sign a 2 year AST, that's completely unheard of to me!

We really need to know what your final aim is, the property repaired or the lanlord to let you move on?

olly300

MissDVL wrote: »

We have followed all the rules we are aware of and have sought advice from an experienced estate agent on the matter - this is the route he has suggested. We informed the LL months ago of the problems that had occurred and it's a health hazard (damp) which has still not been fully resolved. On top of that our heating system has not worked correctly since we moved into the property in June.

If the repairs are hazardous to health why haven't you contacted your council's private rent officer (if they have one) or environmental health officer?

They can serve a notice on the landlord to do the repairs. Though you need to have written proof that you sent your complaints to the landlord and it's likely he received them.

Blackpool_Saver

Just the way you have written your post puts me off helping you, you need to re-post with all the facts, and refrain from vulgarity.

MissDVL

ognum wrote: »

I am aware you want to leave your rental property, are you actually trying to get evicted, is that the aim.

Why did you sign a 2 year AST, that's completely unheard of to me!

We really need to know what your final aim is, the property repaired or the lanlord to let you move on?

That's not the aim but to be honest with the way our LL has been since we moved in we will definitely be using our one year break clause and if we could get out of the tenancy earlier we would. Shame because when we moved into the property it seemed perfect and initially didn't have any issues, but it's snowballed and we're not prepared to live in a house which causes this many issues, and the way we are treated over it.

The reason we signed a 2 year tenancy is exactly for the reasons above. Obviously if we had foreseen what was going to happen or had known the issues the property had in the first place we would have been a bit more reluctant.

In an ideal world we would like the issues to be resolved to a satisfactory point for both parties, but this isn't going to happen.

MissDVL

Blackpool_Saver wrote: »

Just the way you have written your post puts me off helping you, you need to re-post with all the facts, and refrain from vulgarity.

I would love to see you refrain from vulgarity if you were in the same position. Considering we were told by our maintenance guy that our landlord told us to go f*** ourselves, calling him an @rse is pretty tame. So I think you need to refrain from judgement considering you know nothing about the situation.