Court proceedings - Rent

pmlindyloo

Tixy wrote: »

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?

Sorry, am a 'nana. You are absolutely right. Befuddled brain.

RAS

stebiz wrote: »

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

The rule about not off-setting rent against the deposit applies to him as well as you UNLESS there was a clause in the contract that allows him to off-set.

Have you checked?

stebiz

RAS wrote: »

The rule about not off-setting rent against the deposit applies to him as well as you UNLESS there was a clause in the contract that allows him to off-set.

Have you checked?

There is no rule I have checked. I've spoken to the agent and they can send him the money with our permission.

mrginge

Hi.

It's really good that you are standing up for what you believe is right and are prepared to go to court over it.

I think you should go for it and let a judge decide.

Just make sure you have enough extra cash to pay the LL's legal fees when you lose.

Good luck!

stebiz

mrginge wrote: »

Hi.

It's really good that you are standing up for what you believe is right and are prepared to go to court over it.

I think you should go for it and let a judge decide.

Just make sure you have enough extra cash to pay the LL's legal fees when you lose.

Good luck!

Mr Ginge. Are you saying that it is wrong to deduct a months rent out of 9 because I had to have all the house cleared and then be left with a broken oven and washing machine for 2 months whilst he wouldn't get them repaired? Not sure what your saying.

SerialRenter

The landlord is undoubtedly in the wrong for failing to provide accommodation as per the tenancy agreement, but unfortunately two wrongs do not make a right.

You need to pay the rent to the landlord then pursue legal action against them to reclaim what you deem to be your losses.

You're taking the law into your own hands by withholding the payments without the consent of the landlord, and the courts dislike vigilantes.

stebiz

SerialRenter wrote: »

The landlord is undoubtedly in the wrong for failing to provide accommodation as per the tenancy agreement, but unfortunately two wrongs do not make a right.

You need to pay the rent to the landlord then pursue legal action against them to reclaim what you deem to be your losses.

You're taking the law into your own hands by withholding the payments without the consent of the landlord, and the courts dislike vigilantes.

I take your point but as he has already issued 2 court summons it seems that rather pay them I might as well defend them and see what the judge says.

cayennepepper

I don't think you understand what is being said to you. Please read post 27 again.

Pixie5740

It doesn't matter how crap your landlord was, you stayed there for 9 months so you own 9 months rent. My last landlord was an absolute nightmare and was a source of stress for months but I still paid the rent due as I had use of the roof over my head.

If you go to court and lose, not only will you have to pay the rent owed but the court costs as well.

jjlandlord

OP does not need to pay the rent he thinks he does not owe (which, as I understand is just 1 month rent). Instead he should defend the landlord's claim.
Indeed, it makes no sense to pay, then to sue again to get it back...

But again, it does not make sense either that the landlord is suing for 2 months rent when it is basically agreed that 1 month is due that it can be deducted from the deposit.