Student Rent arrears CCJ

Ren22221

Hi all, I need some advice please. My daughter has received a CCJ claim against her regarding rent arrears. Long story short, she signed a lease agreement for 12 months, within 6-8 weeks she had to leave the property due to conflict with other tenants who were harassing her and doing drugs in the house. She reported this to the landlord who did nothing to address the issue. She felt unsafe living there so basically kept her room and continued to pay rent and bills for 11 months but lived elsewhere (paying rent there too!). We addressed the issue with the landlord asking him to release her from the tenancy, he declined. We then asked if we paid a lump sum up front would he consider it. He said he would think about it. We paid the lump sum, he decided not to release her - we wanted her released simply to save her the cost of utilities which she was still contributing towards even though she wasn't living in the property. The lump sum was for the full outstanding rent less the £200 deposit which we said he could keep. So really, we have paid the full amount. Today we received a CCJ claim form for the £200 outstanding (which he already holds as the deposit). I don't know how to proceed. Whilst I understand she signed a lease, we have tried to come to an agreement so as to ease the financial burden on her but the landlord has been a really mean and greedy. I believe that he hasn't maintained his side of the agreement and is simply being vindictive applying for the CCJ. Shall we settle the outstanding amount (and no doubt lose the deposit as well) or shall we defend the claim and counterclaim? Part of me just wants to put this all to bed but I also don't want other unsuspecting students to be taken by this nasty person!!! What are the chances of us winning a counterclaim? The stress and worry of this entire affair has really put my daughter through the mill. I don't think she can take much more. Advice would be greatly appreciated. Thank you

[Deleted User]

I suspect a counter claim would shut him up, perhaps take some legal advice or at least talk to someone at the CAB.

Pixie5740

Did your daughter have a tenancy agreement in her name only or jointly with the other tenants?

Guest101

You may as well defend it, the costs are approx. £40, so the most you'll pay is £240, (unless he convinces a judge to pay his daily rate wages, which is unlikely)


Not sure why she continued to pay utilities, that's a totally separate issue

National_Debtline

Hi Ren22221

Welcome to MSE. It sounds like your daughter has had a difficult experience. As you are aware once the tenancy is signed your daughter is liable for the full term of the contract, and it would only have been the landlord’s discretion that could have released her.

In effect it sounds like there is not a debt owing if the rent was £200 short, but that was how much the deposit was. However, has the landlord tried to use the deposit for anything else? In either case it is important to seek legal advice for advice on your chances of success, and to try to avoid further costs.

You can check to see if you may have a local Law Centre that could offer free legal advice http://www.lawcentres.org.uk/. Some solicitors may also offer you an initial free 15 or 30 minute session. Good luck.

Susie
@natdebtline

Guest101

National_Debtline wrote: »

Hi Ren22221

Welcome to MSE. It sounds like your daughter has had a difficult experience. As you are aware once the tenancy is signed your daughter is liable for the full term of the contract, and it would only have been the landlord’s discretion that could have released her. - Sorry but that's not strictly correct. The signing of a tenancy document simply forms a contract. Should it be breached, then the LL would have to mitigate his or her loss. The full rent is due when the tenancy starts, which is when the tenants take possession of the property

In effect it sounds like there is not a debt owing if the rent was £200 short, but that was how much the deposit was. However, has the landlord tried to use the deposit for anything else? In either case it is important to seek legal advice for advice on your chances of success, and to try to avoid further costs.

You can check to see if you may have a local Law Centre that could offer free legal advice http://www.lawcentres.org.uk/. Some solicitors may also offer you an initial free 15 or 30 minute session. Good luck.

Susie
@natdebtline

The deposit can be used to cover this shortfall, so a court may wonder why it wasn't - however equally the LL may have a good reason, i.e. it was used to cover actual damage

sourcrates

My opinion, defend the claim, allow it to go to a hearing.

You will then be able to put your case to the judge.

My feelings are that he is hoping you wont defend, and he wins by default.

I doubt he would turn up to a hearing if that is his only argument, for the fairly small amounts of money involved, i would call his bluff.

Ren22221

The tenancy was jointly with 3 other people.

Ren22221

Thank you all for your help and advice! We have defended the claim. Lets see what happens....