Withholding Rent

ihatemyhouse

what is the best way to sue a LL kynthia

BigAunty

Thomas3 wrote: »

No, I have have not won the case but I do not understand why the court prefer to proceed in priority with the landlord claim for possession while I made my claim at least a month before.


...did not have other choice than to withhold further rent in order to 'survive'.

There were not equally no hot water for at least 6 months (I was also using a kettle or forced to register at a gym in order to have hot shower).

Court cases reach court according to the backlog. Not necessarily a conspiracy that you outline.

Now you are saying you couldn't afford to pay the rent.Fair enough, its a struggle on a low income but still no defence in court. Perhaps you should have negotiated the surrender of your fixed term contract or served notice if you are periodic tenant and move to a cheaper place rather than running up rent arrears in the first place. Check if you are entitled to housing benefit.

Sounds like the landlord was very poor at repairs - still no grounds to withold rent, either. The Shelter website gives various options and strategies for dealing with repairs (while advising of the risk that witholding rent causes because most landlords will evict).

Thomas3

BigAunty wrote: »

Now you are saying you couldn't afford to pay the rent.

Due to the fact that one sent me an appointment letter I did not received (and as a result has been sanctionned) since landlord relatives (instructed by this last) living in the property delay/destroy my mails : I have made a complaint about this in my claim...but the court seems to not believe me.

Kynthia

Thomas3 wrote: »

On the possession claim it said section 8 upon grounds 8, 10 and 11.

However, on the notice sent by landlord, it is just Section 21. Is it right to send a section 21 only but later to add section 8 on the claim for possession?

The S8 and S21 are completely separate notices which allow the landlord to apply to the courts for possession after the expiry date. The S8 can be issued during the fixed term or after in the statutory periodic tenancy for different reasons but usually caused by the tenant's actions. Unless the tenant owes two months rent when it is issued and when it reaches court, the judge doesn't have to award possession to the landlord. Therefore most landlords would also issue a S21 if in the statutory periodic tenancy (or nearing the end of the fixed term) which if filled in and served correctly will guarantee the landlord is awarded possession as there's no defense.


I've never sued anyone so I can't say how to do it, but millions of people do so there must be good advice out there. I'd be surprised if those on the other thread couldn't advise on how.

ihatemyhouse

i didnt know they stop HB, when they stopped JSA, to be honest it sounds more and more, that you couldnt afford rent, but paid a solicitor £300, but have no proof, and are trying to get out of the rent by claiming damage

what was damaged

ValHaller

Kynthia wrote: »

The S8 and S21 are completely separate notices which allow the landlord to apply to the courts for possession after the expiry date. The S8 can be issued during the fixed term or after in the statutory periodic tenancy for different reasons but usually caused by the tenant's actions. Unless the tenant owes two months rent when it is issued and when it reaches court, the judge doesn't have to award possession to the landlord. Therefore most landlords would also issue a S21 if in the statutory periodic tenancy (or nearing the end of the fixed term) which if filled in and served correctly will guarantee the landlord is awarded possession as there's no defense.


I've never sued anyone so I can't say how to do it, but millions of people do so there must be good advice out there. I'd be surprised if those on the other thread couldn't advise on how.

I think OP's point is that while S8 is mentioned on the claim, no S8 notice was received. What I am not clear about is whether the procedure for S8 requires a notice to the tenant or whether it can proceed straight to claim.

Thomas3

ihatemyhouse wrote: »

i didnt know they stop HB, when they stopped JSA, to be honest it sounds more and more, that you couldnt afford rent, but paid a solicitor £300, but have no proof, and are trying to get out of the rent by claiming damage

If a driver broke your leg with his car and as a result you cannot walk presently, is that means that because now you cannot cross the road properly so the driver was right?

jamie11

Thomas3 wrote: »

Jobcentre sanctionned me only on JSA and in fact they were wrong : I have made an appeal that they still dealing at the moment.

£300 paid was at least 3 months I have been sanctioned and I that time I did not realized how much some people can be corrupted (the police report still here clearly showing the facts...).

If a driver break your leg with his car and you cannot walk presently is that mean that because now you cannot cross the road properly so the driver was right?

Who has been corrupted? What has a (imaginary) road traffic accident got to do with you not paying rent?

ihatemyhouse

ok, so how long after damage, did you stop paying rent and take him to court

Thomas3

ihatemyhouse wrote: »

ok, so how long after damage, did you stop paying rent and take him to court

I made a first counterclaim in April 2013 but did not put any amount (I just said in my claim that I deserve something for compensation of damages). Later, I used £300 [because I thought I had a good case since I have irrefutable evidence (police reports, emails in which landlord was threatening me,etc)] to seek advice in order to file the claim for breach of quiet enjoyment correctly. I stop paying about 7 months after last main and direct damages from landlord (when he changed the locks).