Court proceedings - Rent

stebiz

I'll try and keep this short as I know it can get a bit tedious reading through long threads. If you need to ask more please do.

I needed to move out of my owned home for 9 months whilst it underwent some majot structural repairs. I'm back in now.

I took a tenancy out last September. It was for an unfurnished house. I have it in writing that I wanted the place empty as I had all my own belongings to move in.

Removal Day/ Collection of Key: There were chairs, tables, a few single beds and mattresses, coffee tables, double bed and mattress etc. Add to that he'd left a broken washing machine and broken cooker and also a dishwasher and fridge. I couldn't move my stuff in.

I asked and asked and in the end he agreed I could remove the furniture but the kitchen stuff must stay - even though half was broke.

So I got it emptied which delayed me moving in. Finally about 3 weeks later we moved in but I had to either put my kitchen stuff in storage or sell it. It was going to be expensive to store and I decided I'd get new ones when I got back. In the meantime he wouldn't repair the cooker or washing machine (and I couldn't bring mine around) but eventually agreed 2 months later for me to do it myself and deduct the money from rent.

So as we near the end of the tenancy I stop paying rent for month 8 and 9. I tell him he can keep deposit for month 8 and that month 9 was not being paid because I moved in late, had to clear out house, had to sell my kitchen stuff and also had no washing machine/cooker for 2 months.

He has now issued 2 summons. One for month 8 and one for month 9.

Anybody any thoughts please? Oh by the way there was not inventory/schedule of condition and as there was workmen there when I viewed I had no idea that there would be a cooker etc there.

On my last day he sat outside whilst we were moving and then forced his way strictly against our wishes - pushing my brother out of the way.

Tixy

stebiz wrote: »

Anybody any thoughts please?

I would arrange to make payment for the 2 months rent you owe.
Then I would ask him to refund the deposit you paid.

Or get in touch with him and see if you can negotiate to get the deposit he owes agains the rent you owe and just pay him the remaining amount.

RAS

England, Wales Scotland? The law is different.

Exact dates of the start and end of the fixed term of the tenancy?

Was the deposit protected in an approved Scheme?

stebiz

Tixy wrote: »

I would arrange to make payment for the 2 months rent you owe.
Then I would ask him to refund the deposit you paid.

Or get in touch with him and see if you can negotiate to get the deposit he owes agains the rent you owe and just pay him the remaining amount.

Thanks. I appreciate your view but don't you think he's been unreasonable.

Just a few points

*No inventory or schedule of condition
*Leave the house full of furniture and a broken washing machine and cooker
*In the end we had to get somebody out to fix cooker and washing machine and deduct amount from rent
*Last day force his way in and push a family member shouting and swearing in front of my child

Like I say others may agree with you. I'm just wondering what like minded people might do in my position. I have no problem going to court and paying if the judge awards against me.

stebiz

RAS wrote: »

England, Wales Scotland? The law is different.

Exact dates of the start and end of the fixed term of the tenancy?

Was the deposit protected in an approved Scheme?

England

Sept 20th 2013 for 9 months

Yes

RAS

And were you sent the prescribed information within 30 days?

So the end date was 19 June 2014? What date did you move out?

stebiz

RAS wrote: »

And were you sent the prescribed information within 30 days?

So the end date was 19 June 2014? What date did you move out?

Yes and 19th.

Tixy

stebiz wrote: »

Thanks. I appreciate your view but don't you think he's been unreasonable.

Yes I think it sounds like he behaved unreasonably as a landlord. But I don't think you handled it in the correct way by refusing to pay 2months rent.

stebiz

Tixy wrote: »

Yes I think it sounds like he behaved unreasonably as a landlord. But I don't think you handled it in the correct way by refusing to pay 2months rent.

Thanks Tixy. I'll see what others think too. I have agreed to release the deposit and compromise, hence I don't pay him one months rent but it is falling on deaf ears.

RAS

Pay the rent and claim back the deposit in full.

You really really should have taken him to Environmental Health and the local Private Tenancy Officer whilkst you were still there.

HappyMJ

and...called in the police when he assaulted your brother.

I would pay the rent and claim back the deposit. Not paying it and it will go to court the landlord likely wins and you now have extra costs to pay. If you don't pay the judgement within a month it will affect your credit rating.