Court proceedings - Rent

pmlindyloo

These are two separate issues.

You cannot withhold rent in compensation for anything unless the landlord agrees.

You have signed a contract which makes you liable for rent.

My advice is to pay your 2 months' rent to prevent court costs and a lot of hassle.

You can then take out a small claims against your landlord for any compensation that you feel is owed. You would need evidence to support this. Courts are only interested in the law and facts backed by evidence.

Your landlord should return the deposit back in full. Get onto your deposit protection service and claim it back. if the LL tries to claim any money from the deposit then he should fail as there is no inventory.

Having said all that the whole thing can be resolved by negotiation.

WRITE to your LL (keep copy and receipt from post office) setting out your compensation requirement: financial compensation for not being able to move in at the start of your tenancy, storage costs of your belongings etc. But you will need evidence to support all of this - receipts of storage costs, hotel bills.

Then negotiate.

Y

stebiz

pmlindyloo wrote: »

Having said all that the whole thing can be resolved by negotiation.

The problem is he isn't prepared to negotiate. Hence he has already issued court proceedings.

In answer to the previous comment about credit record. That doesn't concern me as payment will be made within 30 days if ordered by the judge.

I can release the deposit to him for one months rent but I don't agree that I should go uncompensated.

RAS

stebiz wrote: »

I can release the deposit to him for one months rent but I don't agree that I should go uncompensated.

The courts do not allow you to off-set the rent against the deposit.

Pay the rent and claim the deposit.

That is the legal way to do it.

Then whack in a claim for compensation.

Heliflyguy

pmlindyloo wrote: »

You cannot withhold rent in compensation for anything unless the landlord agrees.

http://www.adviceguide.org.uk/wales/housing_w/housing_repairs_in_rented_housing_e/housing_disrepair_what_are_your_options_if_you_are_a_private_rented_tenant_e/withholding_rent_because_of_disrepair.htm

stebiz

The Landlord has said that he is happy to refund the deposit - he must be happy with the condition so this would sort Summons 1 out for Month 8 but I really don't believe I should owe for Month 9 - as above.

pmlindyloo

stebiz wrote: »

The Landlord has said that he is happy to refund the deposit - he must be happy with the condition so this would sort Summons 1 out for Month 8 but I really don't believe I should owe for Month 9 - as above.

This is entirely up to you.

You can pay the arrears and then make a claim for compensation or not pay the arrears and put in a counter claim for 'damages'.

You seem determined to have your day in court so good luck to you.

I know you are extremely p***ed off and I don't blame you. Just hope you have lots of evidence to back up your counter claim. The LL can easily produce his evidence about rent arrears although if you pay him month 8 before you go to court then he cannot take court action (need 2 months arrears)

jjlandlord

So the landlord is happy to refund the deposit but is suing for non-payment of rent.

Something does not add up...

Tixy

pmlindyloo wrote: »

I know you are extremely p***ed off and I don't blame you. Just hope you have lots of evidence to back up your counter claim. The LL can easily produce his evidence about rent arrears although if you pay him month 8 before you go to court then he cannot take court action (need 2 months arrears)

I thought the 2 months applied to court action to evict a tenant. Surely a landlord can take a previous tenant to court if any amount is unpaid at the end of the tenancy?

SerialRenter

stebiz wrote: »

The Landlord has said that he is happy to refund the deposit - he must be happy with the condition so this would sort Summons 1 out for Month 8 but I really don't believe I should owe for Month 9 - as above.

Yes but you can't just decide that you're getting a month free, even if he didn't provide you with accommodation. You are not the law.
You also cannot decide to withhold rent so it can be taken out of the deposit. Pay the rent, then claim the full amount of deposit back from whatever scheme it's protected under.

The correct action would have been one of the following:

• Show him quotes for alternative accommodation, B&B or hotel. Bill him afterwards.
• Ask him to find and pay for alternative accommodation.
• Ask him to refund the month and find your own accommodation.
• Ask him to mutually terminate the contract so you can find a different rental.

stebiz

jjlandlord wrote: »

So the landlord is happy to refund the deposit but is suing for non-payment of rent.

Something does not add up...

I should have said. He wants me to pay 2 months rent then will release deposit.