best way to sue LL

ihatemyhouse

am getting out of the house I am in, and am going to sue the LL, as I can prove he rented me a house that he knew was unfit for humans, evidence, reports from before I moved in and report from EH with what he needs to fix

Plus too him 10 months to put bond in scheme

what is the best way to sue him

cheers

G_M

You will need to make a County Court claim which willcost around £1000initially to claim the 3 times penalty for not registering the deposit.

Add on to that claim whatever else you are claiming.

However, apparently some courts are allowing the deposit claim to go via the small claims track (£100), so call your local court and ask.

ihatemyhouse

cheers, he has put the bond in a scheme now, but 10 months to late,

do I have to tell him I am sueing him before I start, as I got told I have to issue an intent to sue

jamie11

What do you want out of it?

If it's just your deposit back then a letter before action may prompt him, if you're determined on the 1 to 3 x penalty then you could just issue the court papers.

ihatemyhouse

I want comp for the damage to cloths and furniture the fact that I feel he has ripped me off for the last 10 months, with all his BS about problems, but I feel he need teaching a lesson so he doesn't do this to other people, I think 50 k should sort it lol


only joking 3 times my bond should cover everything I have had to sort in the house


does it make any difference that he has put the bond in a scheme now

jamie11

I've no personal experience of this but I think a judge would make an order at the lower end of the penalty amount if the landlord had finally put the deposit into a scheme. The landlord would have to pay the court costs. It would be worthwhile to come to an out-of-court settlement to both of you.

ihatemyhouse

yea your probably right, might just say to him aint paying you any more rent and I will be out before end of tenancy, if he doesn't like it, will say to him, will wait for you to get a court order then, as I will not allow you to do the work that EH have said you must do unless he evicts me

got proof yesterday that he knew boiler was broken 7 months before we moved in, and he was told to replace it 2 years earlyier, plus he knew that none of the sockets worked and he refused to fix them, so he knew the house was uninhabitable

dancingfairy

Sue for non-protection of deposit (if you can afford it. I'd phone your local county court and ask what track non-protection of deposits is currently being allocated to - if it's small claims then it will be a lot cheaper than if it's multi-track). They should be able to tell you this so you know how much the fees will be for this.
Did he provide a gas safety certificate? If not you can report him to the Health and Safety people (HSO)? I think it is.
If you don't think he had a BTL mortgage or CTL mortgage you could drop him in it with his mortgage lender as well.
You could report him to HMRC if you think he is not reporting his rental income properly.
Basically there are various bodies that you can report him to which won't cost you anything. Ok this isn't going to get you any money back but might make you feel a tiny bit better and might help prevent someonelse getting into this situation in the future.
As for damages to your property I would assume that that's what contents insurance is for. I'm not too sure if you can sue for damage to your possessions and renting an uninhabitable house - you'd be best off speaking to Shelter or your local CAB or a local lawyer on that front.
df

Guest101

dancingfairy wrote: »

Sue for non-protection of deposit (if you can afford it. I'd phone your local county court and ask what track non-protection of deposits is currently being allocated to - if it's small claims then it will be a lot cheaper than if it's multi-track). They should be able to tell you this so you know how much the fees will be for this.
Did he provide a gas safety certificate? If not you can report him to the Health and Safety people (HSO)? I think it is.
If you don't think he had a BTL mortgage or CTL mortgage you could drop him in it with his mortgage lender as well.
You could report him to HMRC if you think he is not reporting his rental income properly.
Basically there are various bodies that you can report him to which won't cost you anything. Ok this isn't going to get you any money back but might make you feel a tiny bit better and might help prevent someonelse getting into this situation in the future.
As for damages to your property I would assume that that's what contents insurance is for. I'm not too sure if you can sue for damage to your possessions and renting an uninhabitable house - you'd be best off speaking to Shelter or your local CAB or a local lawyer on that front.
df

You can sue for damage if the damage is caused by act or neglect of the landlord.

The contents insurance is a safety net not a quick fix.

The house itself I think you'll struggle, you could've and maybe can withhold rent if your council deem it uninhabitable, but that will take few weeks

The deposit and damage claim should provide yo a good result

Road_Hog

ihatemyhouse wrote: »

am getting out of the house I am in, and am going to sue the LL, as I can prove he rented me a house that he knew was unfit for humans, evidence, reports from before I moved in and report from EH with what he needs to fix

Plus too him 10 months to put bond in scheme

what is the best way to sue him

cheers

I think you'll get a good lesson in how courts work and it'll cost you a fair few pennies.


The courts are there to see people who have been hard done by, not for those that want a small lottery win.

FR_262

I'm wondering if it's that bad why did you rent it?

Has he done the work the EH said he must do? What work needs doing? Have you got onto the EH again?

How do you know he knew it was unfit for humans?