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

MissDVL

olly300 wrote: »

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.

We were hoping (naively) that the issue could be resolved via communication with the LL. It has gotten to the point now where we will be following that course of action, but in the meantime it's good to know where we stand.

I have kept all communication with our LL over emails - he actually wanted to stop emails because of this and speak over the phone, but I refused for this exact purpose.

olly300

MissDVL wrote: »

We were hoping (naively) that the issue could be resolved via communication with the LL. It has gotten to the point now where we will be following that course of action, but in the meantime it's good to know where we stand.

I have kept all communication with our LL over emails - he actually wanted to stop emails because of this and speak over the phone, but I refused for this exact purpose.

Very naive.

If someone is getting communications and refuses to act appropriately then you need to get yourself out of the situation.

In your case reporting him to the EHO will help you as he will soon realise that you know his threats are empty, and you know enough about the law to deal with him.

Also harassing tenants is illegal so let him take you to court. In fact tell him to go right a head. (Also keep your arrears to one month as he won't be able to do very much.)

Finally at break clause time find some where else and give him notice.

ognum

olly300 wrote: »

Very naive.

If someone is getting communications and refuses to act appropriately then you need to get yourself out of the situation.

In your case reporting him to the EHO will help you as he will soon realise that you know his threats are empty, and you know enough about the law to deal with him.

Also harassing tenants is illegal so let him take you to court. In fact tell him to go right a head. (Also keep your arrears to one month as he won't be able to do very much.)

Finally at break clause time find some where else and give him notice.

I think they want out before the break clause so 2 months in arrears is the way to go but you may have difficulty getting a new tenancy!

MissDVL

olly300 wrote: »

Very naive.

If someone is getting communications and refuses to act appropriately then you need to get yourself out of the situation.

In your case reporting him to the EHO will help you as he will soon realise that you know his threats are empty, and you know enough about the law to deal with him.

Also harassing tenants is illegal so let him take you to court. In fact tell him to go right a head. (Also keep your arrears to one month as he won't be able to do very much.)

Finally at break clause time find some where else and give him notice.

Thanks, sound advice. Will definitely follow this route of action.

jamie11

Demanding rent is not harassment, neither is starting a court case to recover it if it's not paid.

I can't help wondering what's causing the damp, it's often caused by the person living there, insufficient ventilation, drying clothes indoors etc.

Would you care to tell us what the landlord says it is MissDVL?

MissDVL

jamie11 wrote: »

Demanding rent is not harassment, neither is starting a court case to recover it if it's not paid.

I can't help wondering what's causing the damp, it's often caused by the person living there, insufficient ventilation, drying clothes indoors etc.

Would you care to tell us what the landlord says it is MissDVL?

The demanding rent may not be but the abuse he has indirectly given us definitely is.

The damp was caused way before we moved in, our basement was apparently tanked before we moved in to correct the issue but this clearly didn't work. Then we had a small flood down there due to ingression of water through our garden path leading into the basement which has accelerated the damp issue. So no, it's not through any fault of ours.

G_M

To answer your question:

I was under the impression that LL could not take any legal action in regard to
rent arrears until two months arrears have elapsed

No. You are confusing this with A S8 (ground 8) Notice, used to gain possession of the property on the grounds of rent arrears.

From what you say, the LL is not seeking possession, therefore this is not a S8 action.

This is a straightforward claim for a debt which will go via the Small Claims track.

Pay your debt.

Regarding withholding rent for repairs:

We have followed all the rules we are aware of

does not answer citricsquid's question.
The 'rules' are explained by Shelter here, along with sample letters. There are at least 5 letters required - have you sent them all and obtained the 3 quotes required?

jamie11

MissDVL wrote: »

The demanding rent may not be but the abuse he has indirectly given us definitely is.

Indirect? So he hasn't actually abused you then? Who are you getting reports of abuse from?

Blackpool_Saver

MissDVL wrote: »

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.

Trust me I know all about these kinds of situations, I have lived in property with monstrous landlords I promise you.

What exactly has the LL done?

Road_Hog

MissDVL wrote: »

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!!

And if he gets a CCJ and the amount is over £750, he can petition for bankruptcy.

ognum wrote: »

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

I can't see where this has been posted, has a post been deleted?