Do I have a counterclaim for rent arrears?

45012168

dancingfairy wrote: »

Unfortunately for you you can only withold rent in very specific circumstances. My understanding is that you withold rent in order to use the money to make the repairs yourself (assuming the correct process is followed) and that withholding rent is not to encourage a landlord to do repairs or some sort of fine/ money towards your extra costs.
I can completely understand why you did what you did though. It sounds horrific.
The only way really to find out what would happen is if it goes to court.
The landlord has threatened court. They may or may not go through with this, who knows. If you loose you have 28 days to pay up and the ccj doesn't become official. In cases such as this it is not expected for either side to have lawyers or solicitors. Each side would represent themself and would be expected to pay their own costs.
It really depends on a) whether the landlord takes you to court and b) whether you actually want to take things s to court.
Are you able to move? If you are unable to find somewhere else to rent and up having to rely on the council for housing then the rent arrears could prove an issue. You aren't being evicted under a rental arrears nitice and you have a legitimate complaint but if you need council housing I would expect the council to bring this up and make life more difficult. This *may* mean you decide to pay the arrears.
It's a horrid situation to be in. Landlords like this should be banned.
Df

Thank you for understanding.

I will sort the rent out and I will pursue a compensation claim aswell.

sniggings

45012168 wrote: »

It started in 2011

In that case then the rule about no s21 if a repair has been reported doesn't apply...but G_M is the guy to listen to here so wait for their reply, before taking what I say as fact.

G_M

45012168 wrote: »

It started in 2011

A bit more detail required to be sure but:

Assuming it started in 2011 for a fixed term of either 6 or 12 months (or some similar Term), and then went periodic (monthly) in 2012 or so (and has continued like that since), then

* the Deregulation Act 2015 does not apply and the fact that repairing issues were reported to the council will not affect the validity of the S21

However, if, for example, there was a 6 month fixed term started in 2011, and every 6 months a new 6 month fixed term was signed, the last of which was signed after 1/10/15, then

* the Deregulation Act 2015 may appl, meaning validity of the S21 could be challengedsince a repairing issue has ben reported to the landlord, and then to the council.

* however the fact that the repair has now been satisfactorily completed may remove that option....

anselld

45012168 wrote: »

Well the repairs have only been done recently this month. But my landlord will not accept a payment plan.

Why should the L accept a payment plan?

Withhold rent means you keep it to one side until the time comes to pay it. Therefore it should still be in your bank account. Are you saying you have spent it elsewhere?

sniggings

anselld wrote: »

Why should the L accept a payment plan?

Withhold rent means you keep it to one side until the time comes to pay it. Therefore it should still be in your bank account. Are you saying you have spent it elsewhere?

That or they don't get paid, court is likely to do a payment plan anyway.


I guess the money has been spent on the items the OP listed a few posts back.

Kynthia

45012168 wrote: »

I understand that but I just didn't know what to do to get him to sort the disrepair out. The council took 2-3 months, kept sending him notices which he ignored until they enforced action. It was a struggle as I have 3 kids under 5 and it was really cold around April/may still. This happened before aswell with a seperate disrepair issue. He didn't do nothing until our ceiling collapsed through to the downstairs toilet. This time I just wanted to do something that I felt would pressurise him to get the job done. Instead he served us with a s.21.
I have asked the landlord if we can set up a payment plan but they refused. I have been advised to start sending payments anyway. Can I do this?

I'm not saying I blame you, as clearly you had already done the right thing by getting the council to enforce the repair and it still wasn't happening. However the legalities don't change by being morally right or in a difficult position. If you aren't in a fixed term then you can be evicted for no reason (with very few exceptions), he can sue you for the outstanding rent and give you a bad reference. However many landlords might take a chance on you despite a bad reference if you can show the council enforcement letters showing you had a bad landlord, and your bank statements to show you were paying rent regularly (well apart from those two months but I don't know if I'd share that).

If he does sue you for the rent I hope you manage to evidence your costs and get something for them. Even other landlords don't like bad landlords and they aren't all the same and don't want to be tarred with the same brush.