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Pay or go to court?

245

Comments

  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    Maybe it's time to leave and go somewhere else. You shouldn't have left it for 5 months. But hindsight is good is it not
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • If I clear the arrears can he still evict me with a s.21? Would he have to pay court fee to do this and then would I have to pay him that back aswell?!
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    45012168 wrote: »
    If I clear the arrears can he still evict me with a s.21? Would he have to pay court fee to do this and then would I have to pay him that back aswell?!



    Even if you paid the arrears, I wouldn't want to live there any longer, and he can still apply to get you evicted either way.
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
  • csgohan4 wrote: »
    Maybe it's time to leave and go somewhere else. You shouldn't have left it for 5 months. But hindsight is good is it not

    it's difficult cuz we been here for nearly 6 years. My kids have just settled in school/nursery and I'm a full time carer so I didn't want added pressure of relocating.
  • anselld
    anselld Posts: 8,684 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    45012168 wrote: »
    If I clear the arrears can he still evict me with a s.21? Would he have to pay court fee to do this and then would I have to pay him that back aswell?!

    Yes, yes and yes, assuming he gets the paperwork right.
  • csgohan4 wrote: »
    Even if you paid the arrears, I wouldn't want to live there any longer, and he can still apply to get you evicted either way.

    I'm not sure how to go about this. I been to the council and had a homeless interview. They said wait till u get a court order. I feel once he gets his rent he won't go ahead with the court order as it saves him time/money.
    However we still want to move so even renting elsewhere has become problematic. Not sure where to go as everyone is asked for reference/rent deposit etc and obviously council won't help cuz we haven't been made homeless. Only other thing is to go on the housing register and wait perhaps
  • lincroft1710
    lincroft1710 Posts: 19,106 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You pay your debt first (your rent) then try to negotiate with landlord about any refund you think may be due. You do not withhold rent to offset against any claim you believe you have against the LL.

    Not paying your debt leaves you in a very weak position.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • mije1983
    mije1983 Posts: 3,665 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    45012168 wrote: »
    It says on my tenancy agreement that it is the LL responsibility to ensure there is proper heating/sanitation etc so how is that my problem if I haven't had heating for 5 months. They should have provided a secondary source of heating but we did ourself. So he should compensate for that aswell as the inconvenience he caused me an my family.

    But you need to pay the rent before the extra costs get added on as that's only going to be worse for you. At the moment you are also in breach of contract. Clear that up, and the only one in the wrong then is the landlord.

    And then when that is done, look into some compensation for your out of pocket costs. At the moment everything is muddied by the fact you are in rent arrears.

    As csgohan4 said, if you've had all these issues and they are impacting your life, then I'd be leaving. Surely the 'pressure' of relocating isn't going to be anywhere near the impact of having no heating or toilet? Are there no other properties available near by?
  • mije1983 wrote: »
    But you need to pay the rent before the extra costs get added on as that's only going to be worse for you. At the moment you are also in breach of contract. Clear that up, and the only one in the wrong then is the landlord.

    And then when that is done, look into some compensation for your out of pocket costs. At the moment everything is muddied by the fact you are in rent arrears.

    As csgohan4 said, if you've had all these issues and they are impacting your life, then I'd be leaving. Surely the 'pressure' of relocating isn't going to be anywhere near the impact of having no heating or toilet? Are there no other properties available near by?

    There literally is none here and any properties near by are asking for too much deposit + reference.

    LL has given me a deadline to pay all the rent by 5th which is tomorrow. Does this deadline really mean anything? If I send him half tomorrow and the rest on the day the notice expires - what's he going to do about it. He's not agreeing a payment plan but technically I've given him all the money by then. What's he gonna take me to court for them except if he still wants to evict me
  • csgohan4
    csgohan4 Posts: 10,600 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Photogenic
    45012168 wrote: »
    There literally is none here and any properties near by are asking for too much deposit + reference.

    What's he gonna take me to court for them except if he still wants to evict me



    It is too late to negotiate now. You have played your hand albeit not the right way and now you are going to be evicted one way or another.


    Did CAB advise you withhold your rent or were they going to take your landlord to court for no heating.
    "It is prudent when shopping for something important, not to limit yourself to Pound land/Estate Agents"

    G_M/ Bowlhead99 RIP
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