Pay or go to court?

45012168

lincroft1710 wrote: »

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.

Fair enough

csgohan4

45012168 wrote: »

Fair enough

Best you can do now is wait for the high court enforcement officers to give you the writ and take this to the council to get emergency accommodation, you will be priority since you have children


Bare in mind they can come anytime once the courts has decided to eviction

45012168

csgohan4 wrote: »

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.

Well he said pay the rent and u can stay and so did his wife (via text/call)

No one advised me to withhold the rent - I did that myself. They advised me to take him to court and sue for losses. They said I could try and have the arrears offset against the disrepair.

Pixie5740

This has already been explained to you numerous times. A landlord does not require any reason whatsoever to use a Section 21 to start the eviction process. You could pay off all your arrears and your landlord can still go to court, and provided the paperwork is all in order he will be granted an eviction order.

From your other threads I get that your landlord hasn't been the best but you're making things more difficult for yourself than they need to be.

csgohan4

45012168 wrote: »

Well he said pay the rent and u can stay and so did his wife (via text/call)

No one advised me to withhold the rent - I did that myself. They advised me to take him to court and sue for losses. They said I could try and have the arrears offset against the disrepair.

His word means nothing, once he gets the money he can and will evict you, I know I would. You have a poor track record as a tenant, I/e withholding rent, so why should I keep you.


he is just saying it to save him money for court costs and high court enforcers

45012168

csgohan4 wrote: »

Best you can do now is wait for the high court enforcement officers to give you the writ and take this to the council to get emergency accommodation, you will be priority since you have children


Bare in mind they can come anytime once the courts has decided to eviction

I'm not certain he will try and evict me once the arrears are paid off otherwise he wouldn't have said we can just settle this if u pay ur rent and that was on a few occasions.
So the problem I have is finding alternative accommodation. Where am I supposed to get a rent deposit from and I know the landlord won't give me a good reference either although I could dispute this as he's always been the inconsiderate fool n not carried out repairs etc n then threatens me with eviction if I report to council

45012168

Pixie5740 wrote: »

This has already been explained to you numerous times. A landlord does not require any reason whatsoever to use a Section 21 to start the eviction process. You could pay off all your arrears and your landlord can still go to court, and provided the paperwork is all in order he will be granted an eviction order.

From your other threads I get that your landlord hasn't been the best but you're making things more difficult for yourself than they need to be.

So why is he telling me to pay the rent and I can stay. They said the same thing to the council when they rang the landlady in front of me at my homeless interview

csgohan4

45012168 wrote: »

I'm not certain he will try and evict me once the arrears are paid off otherwise he wouldn't have said we can just settle this if u pay ur rent and that was on a few occasions.
So the problem I have is finding alternative accommodation. Where am I supposed to get a rent deposit from and I know the landlord won't give me a good reference either although I could dispute this as he's always been the inconsiderate fool n not carried out repairs etc n then threatens me with eviction if I report to council

I would report him to the council either way, he's a bad land lord and the poor soul who rents the house from you will have the same issues.


In addition, is your deposit protected? If not remind him that you can sue him for many times the amount.


Why are you so stubborn and willing to stay at this place??? Your paying for just the rooms and there is no boiler, you are being taken for a ride, especially leaving it so late.


I think you need to move, but you don't have enough deposit which worries me. Your living on a shoe string and perhaps your stretching yourself.


Landlord can evict you for any reason or no reason, he is only saying to allow you stay so you save him some court costs.

mije1983

45012168 wrote: »

I'm not certain he will try and evict me once the arrears are paid off otherwise he wouldn't have said we can just settle this if u pay ur rent and that was on a few occasions.
So the problem I have is finding alternative accommodation. Where am I supposed to get a rent deposit from and I know the landlord won't give me a good reference either although I could dispute this as he's always been the inconsiderate fool n not carried out repairs etc n then threatens me with eviction if I report to council

Look at it from his point of view. You are a troublesome tenant who doesn't pay the rent on time. He's not likely to want to keep you. If there are no other properties available like you say, he is unlikely to have an issue finding a new tenant.

I'd be looking at alternative accomodation in case he does evict. I think personally in the long run it will be much better for you and your family. There are some decent landlords out there.

Yes you could have disputed a poor reference from him, but the problem you may have now is that other landlords will just see 'late payer' and 'witholds rent'.

Pixie5740

Yet you choose to keep living there when you could've been putting a little money aside throughout the whole time you were without a working boiler and then when the toilet wasn't working. Then you would have a deposit + rent saved up ready to serve notice on your current landlord, move home and move forward with your life.

I say this based on my own experience of spending a winter in the North East of Scotland without working heating. As soon as I could serve notice I did.