Counterclaim against Landlord

Stafflover

Hi All
Advice needed please about making a counterclaim against my Landlord.
Without going into to much detail he has served me with a section 21 because he got served an improvement notice after I had to get Housing Standards involved because he would'nt do any repairs and has ended up with a £12,000 bill and is also being prosecuted for my house and another 1 he lets out.
I have always paid my rent on time and spent money on efficient heating,a dehumidifier,a new lock for the back door and other things so after receiving the section 21 I decided he was'nt getting any more rent from me.
He's the one in breach of contract and I'm the one being punished,also I'm going to need money to move for admin fees,removal costs etc.
I have now received a county court claim for 1 months rent so wanted to know can I make a counterclaim for the above items and due to damp and mould my dog ended up ill and had to pay £330 vet fees so can this be included?
I went to the CAB before I received the county court claim and they have said I could sue him for breach of contract but would I have to do this separately or can this be included in the counterclaim?
Also can I claim compensation for the stress and inconvenience?
Any advice would be greatly appreciated.

anselld

You can probably counter claim money you have spent on repairs provided you can show that they were correctly notified and the L failed to action.

I doubt you would be successful with the vet bill as you would have difficulty proving cause and effect between the conditions and the illness.

You will almost certainly lose on the rent arrears.

Stress and inconvenience - no chance.

G_M

Stafflover wrote: »

Hi All
Advice needed please about making a counterclaim against my Landlord.
Without going into to much detail he has served me with a section 21 because he got served an improvement notice after I had to get Housing Standards involved because he would'nt do any repairs and has ended up with a £12,000 bill and is also being prosecuted for my house and another 1 he lets out.
If the S21 is valid, there is no defence.
However, depending on the date your tenancy started, it may be invalid. Read:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

I have always paid my rent on time
Goo
and spent money on efficient heating,a dehumidifier,a new lock for the back door and other things
Your choice
so after receiving the section 21 I decided he was'nt getting any more rent from me.
You are in rent arrears. You have no defence in law.

How much are the arrears - A S8 Notice would be more appropriate and faster for the LL.

He's the one in breach of contract and I'm the one being punished,also I'm going to need money to move for admin fees,removal costs etc.
As above - are you sure the S21 is valid?
I have now received a county court claim for 1 months rent so wanted to know can I make a counterclaim for the above items and due to damp and mould my dog ended up ill and had to pay £330 vet fees so can this be included?
very much doubt it.

There IS a process for undertaking repairs yourself and deducting from rent (see Shelter here) but it is very precise and I doubt you followed it?

As for the vet bill - I'd give you a 10% chance of a successful claim.
I went to the CAB before I received the county court claim and they have said I could sue him for breach of contract but would I have to do this separately or can this be included in the counterclaim?
What exactly is the breach?

Also can I claim compensation for the stress and inconvenience?
Any advice would be greatly appreciated.

Stress etc? No.

See also:

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Get advice about deducting repairs costs from rent

You don't have the right to withhold your rent if your landlord refuses to do repairs. If you don't pay rent, the landlord could take steps to evict you.
But if the landlord has failed to do repairs, you can arrange for the repairs to be done and then deduct the cost from your rent. You must follow the correct legal procedure to do this. If you don't you could be evicted and still have to repay all the rent owed.
Get legal advice before you decide to do this.
Use Shelter's directory to find a local law centre or call our free helpline on 0808 800 4444 for advice.
Find out more about doing repairs if your landlord won't.

marksoton

You want to claim for Fido being ill?!

I'd say most judges[STRIKE] people[/STRIKE] would dismiss your entire claim out of hand. Even if some of it were valid.

Stafflover

Thanks for taking the time to reply.
If the S21 is valid, there is no defence.
However, depending on the date your tenancy started, it may be invalid.
It is valid.
I have always paid my rent on time
Goo
and spent money on efficient heating,a dehumidifier,a new lock for the back door and other things
Your choice
Felt like I had no choice living in a cold,damp,mouldy house with no CH or fire and after waiting 2 months for the LL to replace the lock and not being able to lock it making my insurance invalid if I was burgled I realy did'nt have a choice.
so after receiving the section 21 I decided he was'nt getting any more rent from me.
You are in rent arrears. You have no defence in law.

How much are the arrears - A S8 Notice would be more appropriate and faster for the LL.
The rent arrears are £350.

I went to the CAB before I received the county court claim and they have said I could sue him for breach of contract but would I have to do this separately or can this be included in the counterclaim?
What exactly is the breach?
Failing to do any repairs as stated in the tenancy agreement.

You don't have the right to withhold your rent if your landlord refuses to do repairs. If you don't pay rent, the landlord could take steps to evict you.
But if the landlord has failed to do repairs, you can arrange for the repairs to be done and then deduct the cost from your rent. You must follow the correct legal procedure to do this. If you don't you could be evicted and still have to repay all the rent owed.
He failed to do any repairs so he left me with no alternative but to get HS involved.I only wanted him to sort the damp problem out which was due to rotten gutters.The bedroom walls were covered in black mould and started to effect the downstairs walls,most of the skirting boards were rotted away downstairs and every time it rained the front carpet near the door would be wet through and at the back door would be a puddle and he was happy to let me live like that.The HS have had numerous dealings with him with other properties he lets out,hes happy to take the rent but won't do any repairs.There was'nt even any smoke alarms in my house for the first 3 months of me living here after again repeatedly asking him and he only got them after my brother complained to the letting agency.
I know I will have to pay the rent but feel like I'm in a catch 22 situation,pay the rent then have no money for admin fees etc so I won't be able to leave by the date given and I don't want to end up with court fees if it gets to it.

Stafflover

marksoton wrote: »

You want to claim for Fido being ill?!

I'd say most judges[STRIKE] people[/STRIKE] would dismiss your entire claim out of hand. Even if some of it were valid.

Thanks for your lovely reply.
Fido is doing much better thank you.Your proberly right about the claim being out of hand,that's why I'm asking for advice.

G_M

you say the S21 is valid but do not say when the tenancy started. I'm not being nosey - it is relevant!

You say the rent arrears are £350. How much is your monthly rent? A S8 ground 8 (see my earlier links) can be used by the LL if arrears exceed 2 months rent.

Stafflover

G_M wrote: »

you say the S21 is valid but do not say when the tenancy started. I'm not being nosey - it is relevant!

You say the rent arrears are £350. How much is your monthly rent? A S8 ground 8 (see my earlier links) can be used by the LL if arrears exceed 2 months rent.

My tenancy started on 25th August 2015 and the monthly rent is £350.
It is only 1 month I have not paid and a week after it was due the landlords wife was texting me demanding the rent,I have never met or spoke to this woman and felt threatened by the message.

Ray_Singh-Blue

Set Fido on your landlord, now that the vet's sorted him out.

[Deleted User]

I really don't think you can avoid paying the rent arrears. There is a procedure for taking the cost of repairs out of rent, but I don't see any hint you followed this (and what you've spent is a heck of a lot less than the repairs seemingly.., and your rent so wouldn't have been enough). I appreciate that conditions were bad in the property, but you still couldn't legally take action yourself by withholding rent.

If the LL has only just issued a S21.., you still have 3 months, possibly more before bailiffs will evict you. So you have a little time.

If you have children or are 'vulnerable' if you go to the council, they often have loans or other schemes (bonds) to help prevent people from becoming homeless. Admin fees will probably have to come out of your pocket though, as will removal expenses. You could possibly get help through a discretionary housing payment for these, but they aren't always granted.

The items you've listed can not be claimed for. A dehumidifier can be taken with you, locks can be replaced at minimal expense with the help of Youtube etc. You should have pressurised the LL to provide heating equipment if the heating in the property wasn't working. I made one small basic heater provided by a gas company keep us warm but it was used sparingly. I think it would have cost £30 if I'd have bought it.. at most. You seem to have made some bad choices if you paid a fortune for these things.., and I'm sorry, that's down to you. I realise you have probably been through hell with this property, but you have to recognise that you haven't helped yourself either. I'm sorry.

Guest101

Tenants can claim damages for non repair: here are a number of cases

http://nearlylegal.co.uk/2015/01/disrepair-damages-update-2/