Withholding Rent

molerat

There is a post in the consumer rights board which started off asking about small claims over LL damage. The op is withholding rent over this claim and has now been issued with a S8 and S21. It might be worth some of you tenancy experts to have a look in and give the op some advice as I see him heading for a fall. https://forums.moneysavingexpert.com/discussion/4846410

Thomas3

I was advised that since I previously made a claim I can withhold the rent over this last.

BitterAndTwisted

Your landlord is going to succeed in gaining possession with that Section 21 Notice whatever you attempt to do. And you are in danger of getting a CCJ into the bargain via the Section 8 if the court says you have to pay the rent-arrears and you choose not to.

Find alternative accommodation asap and start packing.

G_M

A S21 Notice is a no-fault notice. No reason or explanation to the court is required. Provided the S21 Notice has been served properly, with correct dates etc, the court must grant the landlord possession.

You owe rent. You have witheld rent. You are in rent arrears. If the S8 Notice is based on ground 8, and you owe 2 months rent (or more), the court has no choice but to award the landlord possession.

If the S8 Notice is based on grounds 10 or 11, the court has discretion, and you can argue that possession should not be awarded to the landlord.

Thomas3

G_M wrote: »

A S21 Notice is a no-fault notice. No reason or explanation to the court is required. Provided the S21 Notice has been served properly, with correct dates etc, the court must grant the landlord possession.

You owe rent. You have witheld rent. You are in rent arrears. If the S8 Notice is based on ground 8, and you owe 2 months rent (or more), the court has no choice but to award the landlord possession.

If the S8 Notice is based on grounds 10 or 11, the court has discretion, and you can argue that possession should not be awarded to the landlord.

But what will be the case if the section 8 is not valid?

I made a previous counterclaim while my rent was up to date but did not put any amount for the damages since I did not know how to do it. Then, later I sick legal advice that cost me some money (that was the first time I was really late in my rent payment) , about £300 but the solicitor did not want to assist me at the court hearing.

jamie11

Thomas3 wrote: »

but the solicitor did not want to assist me at the court hearing.

Unsurprising.

Thomas3

jamie11 wrote: »

Unsurprising.

Yes, but he took the £300 and he told me that my case will cost over £1500 if I wanted his assistance.

ihatemyhouse

that's because he doesnt think you have much chance of winning, so wants good money for a few hours work

BigAunty

Thomas3 wrote: »

I was advised that since I previously made a claim I can withhold the rent over this last.

By whom?.....

Thomas3

BigAunty wrote: »

By whom?.....

An adviser at my local Citizen Advice Bureau.

BigAunty

Thomas3 wrote: »

Yes, but he took the £300 and he told me that my case will cost over £1500 if I wanted his assistance.

Civil cases like small claims and housing matters are supposed to be simple enough for a claimant or defendent to proceed with, without legal representation, and just some preparation - the court issues guidance on the steps and process.

AFAIK, happy to be corrected on this, if a defendent or claimant wins, they cannot be compensation for legal costs involved by engaging solictors, just the direct costs involved in bringing the case to court (the court fees to lodge the papers, perhaps some travel or accommodation costs that belong to attending the court).

Did you know this before this solicitor quoted his huge initial and extended fee?