Withholding Rent

DaftyDuck

... and postings by DCFC79... and others.

You'll get more sensible advice to ignore if you stick to one user name.


https://forums.moneysavingexpert.com/discussion/4380437

Thomas3

DaftyDuck wrote: »

... and postings by DCFC79... and others.

You'll get more sensible advice to ignore if you stick to one user name.

Yes, but there was a time (when I started being seriously targeted by jobcentre) someone was all the time 'on my back' with that username....

And their advice were differents since at that date I did not made a counterclaim.

A great advice that could have helped me at that time was to file an injunction form : I discovered this by losing £300...but at least my headache had decreased for several months.

neas

Just reading the little tidbits you post and I get the feeling I'm on the landlord side.

You are purposefully evasive about the details... landlord wants to kick you out in 2012... now its 2013 and he locked you out, you got back in, he did some works, damaged your jacket and now you are sueing him.. and he is giving you notice as you stopped paying rent.

Whether he did get you 'sanctioned' I just get a feeling you like to divert/blame others for your problems.

In a year did you not get many 'opportunities'? KLike you say it will take you 3 months to get a job... why? It all reeks of nonsense... sorry.

Poppie68

OP is your rent paid by housing benefit? I've a sneaky feeling from your other threads it is. If you are recieving HB and not passing it onto the landlord you are also commiting benefit fraud as well as being a giant pain in the rear for over 12 months for your landlord.

Thomas3

neas wrote: »

Just reading the little tidbits you post and I get the feeling I'm on the landlord side.

You are purposefully evasive about the details... landlord wants to kick you out in 2012... now its 2013 and he locked you out, you got back in, he did some works, damaged your jacket and now you are sueing him.. and he is giving you notice as you stopped paying rent.

Whether he did get you 'sanctioned' I just get a feeling you like to divert/blame others for your problems.

I did nott know how you read my previous posts correctly...

Thomas3

Poppie68 wrote: »

OP is your rent paid by housing benefit? I've a sneaky feeling from your other threads it is. If you are recieving HB and not passing it onto the landlord you are also commiting benefit fraud as well as being a giant pain in the rear for over 12 months for your landlord.

No, but normally a counterclaim allow me to deduct damages from rent.

Please note that I could not respond anymore to any post that is not containing any advice for my defence.

DaftyDuck

I don't think you have a defence....

*Robin*

Thomas3 wrote: »

No, but normally a counterclaim allow me to deduct damages from rent.

Thomas I honestly think you'd make more progress if you could accept that there are two completely separate issues / potential court cases here:
1. Re your tenancy.
2. A damage claim.

You cannot decide for yourself that you will deduct money you consider is owed to you because of [2], from money you are contracted to pay as rent for [1].

Thomas3 wrote: »

Please note that I could not respond anymore to any post that is not containing any advice for my defence.

As Daftyduck says; you have no defence if you continue trying to link the two issues.

What is clear is that the relationship between the landlord and yourself has completely broken down.

There are times in all our lives when we hit a problem which simply does not have a happy solution. The best thing to do is to remove oneself from the conflict, learn the lesson and avoid getting into the same situation in the future.

Thomas I can't help wondering why you are living in London (probably the most expensive location in the UK for renting)? You don't have a job which ties you to the city. Apparently you don't have family or friends close enough to support you.

You are obviously under a great deal of stress because of your living conditions, which will only get worse unless you decide to make a positive change in your life.

Once you have distanced yourself from the current conflict, then it will be much easier to consider whether either potential court case is worth pursuing.

For what it's worth, your landlord sounds like a nightmare.

BigAunty

Poppie68 wrote: »

OP is your rent paid by housing benefit? I've a sneaky feeling from your other threads it is. If you are recieving HB and not passing it onto the landlord you are also commiting benefit fraud as well as being a giant pain in the rear for over 12 months for your landlord.

HB claimants do not get charged with fraud if they receive HB legitimately but don't pass it onto their landlord. It is not a criminal offence to get into rent arrears, even if the tenant has received HB for this purpose and has elected to spend it on something else.

They get charged with fraud if they lie on their form, such as concealing their capital or income, for example.

A landlord can apply to the local council to have the tenant's HB paid directly to them if they are in arrears of around 8 weeks/2 months so it may be the case that the landlord will apply to Lambeth council to switch payment from tenant to landlord, in order to mitigate further losses.

BigAunty

Thomas3 wrote: »

Please note that I could not respond anymore to any post that is not containing any advice for my defence.

Your tenancy agreement and housing law obliges you to pay rent and to pay rent even if the relationship broke down with your landlord and there were tenancy issues.

Once you understand that you cannot legally justify witholding rent, you will start grasping what your true situation is and start accepting what your actual limited options are.

Do you realise that when the landlord does legally gain possession of the property that your local council may decline assisting you to find onward accommodation, if you decide to approach their homelessness service, because they could define you as having made yourself intentionally homeless by not paying rent when you could have? Namely that by not passing on your HB and by witholding rent for other non-legitimate reasons, you have facilitated your own homelessness? How do you expect to find your next property with a history of rent arrears?

Housing support and advice for single people without dependents and disabilities is fairly limited anyway in England from the council, as they are considered lower priority but those who have been evicted for their rent arrears are given short-thrift on those grounds.