Locked-out from flat by LL: Any help appreciated...

greatcrested

advicemse said:

Jeepers_Creepers said:

You really want to take her on or prove a point? Well, get ready to be counter-sued for 6 months rent for starters.  

If a tenancy can be proved, the past rent is questionable due to the habitability of the flat, the illegal eviction is not. 

I'm afraid not. Rent arrears would only be set aside if the tenancy was 'frustrated'. This is very rare and hard toprove. You would need to have followed a specific process to report the repairing issues, and then escalated the matter to Environmental Health, and for EH to have inspected and reported the property as uninhabitable for reasons xyz. Did all that happen? If not, you owe rent.

csgohan4

i think there are separate issues, sadly one doesn't balance each other.

The owed rent and the repair obligations for the LL. As seen countless times, just because the LL hasn't repaired X, you cannot withhold rent. They can and will apply through the small claims for this and get a CCJ in your name. 

Jeepers_Creepers

advicemse said:

Jeepers_Creepers said:

You really want to take her on or prove a point? Well, get ready to be counter-sued for 6 months rent for starters.  

If a tenancy can be proved, the past rent is questionable due to the habitability of the flat, the illegal eviction is not. 

The habitability of the flat that you seemingly didn't bring to any authority's attention until you were locked out - and not even then? You stopped paying rent (and you seemingly cannot afford it anyway), you moved out (or came and went); so, did you follow the correct protocol for the circumstances? 

I'll ask again - what is all this about? And what can you expect to achieve?

Promise you'll keep us updated should you pursue this. 

[Deleted User]

advicemse said:

Jeepers_Creepers said:

You really want to take her on or prove a point? Well, get ready to be counter-sued for 6 months rent for starters.  

If a tenancy can be proved, the past rent is questionable due to the habitability of the flat, the illegal eviction is not. 

You clearly have taken little interest in educating yourself on the requirements of being a tenant, despite the fact that it relates to your basic need for shelter, that the rent is likely your largest monthly bill, and that here are potentially legal and financial consequences for breach of contract.
I infer from what you are saying that your have a near disregard for the importance of paying rent which you owe.
And what is the authority for your claim that the rent is in question, other than what you have simply decided in your own head?
Tenants with a lack of basic knowedge are a headache for good landlords, and a vulnerable target for bad ones.

advicemse

csgohan4 said:

i think there are separate issues, sadly one doesn't balance each other.

My gut says your thinking along the lines here. They are separate issues and not necessarily in balance. There is a question about the repairs costs undertaken at my expense to the flat that I should be paid for. I cannot fathom how any LL would expect a tenant to pay rent when a property (which has no gas) has the electricity turned off due to water ingress, in fact I would have thought there is a morale case (if not legal) for the LL to pay for the alternative costs of housing in these circumstances. And even if I don't insist on legal possession notice at this time, it doesn't stop the LL pursuing past rent judging from what the above replies are saying.

Slithery

advicemse said:
I cannot fathom how any LL would expect a tenant to pay rent when a property (which has no gas) has the electricity turned off due to water ingress, in fact I would have thought there is a morale case (if not legal) for the LL to pay for the alternative costs of housing in these circumstances.

If Environmental Health agree that the property is uninhabitable then yes, the LL does have to provide you with alternate accommodation. However, you still have to keep paying your rent.
The problem in your case is that neither you or the LL have done things according to legal process, you've both made huge mistakes leaving you both liable to legal action from the other party. If I were you I'd just walk away and keep quiet, treat this as a learning experience, and next time do things properly.

saajan_12

advicemse said:

csgohan4 said:

i think there are separate issues, sadly one doesn't balance each other.

My gut says your thinking along the lines here. They are separate issues and not necessarily in balance. There is a question about the repairs costs undertaken at my expense to the flat that I should be paid for. I cannot fathom how any LL would expect a tenant to pay rent when a property (which has no gas) has the electricity turned off due to water ingress, in fact I would have thought there is a morale case (if not legal) for the LL to pay for the alternative costs of housing in these circumstances. And even if I don't insist on legal possession notice at this time, it doesn't stop the LL pursuing past rent judging from what the above replies are saying.

And I cannot fathom how any (reasonable) tenant would expect to not pay something for their use of a property, as storing the belongings there, staying there etc clearly wasn't worth 0. But what we cam fathom is irrelevant. 

Legally, yes you likely can argue there was a tenancy and demand your notice. That isn't balanced by a rent claim, but it likely will be followed by one, and your claim that you had a tenancy will provide the proof the landlord needs. End result: you get a bit more time in a property you say is terrible to live in, and pay ~a year's rent (6 months gone, few more months before that when rent was sportadic and 3 months until your notice expires). 

The alternative option is to walk away, request your belongings and schedule a man&van to collect it in an afternoon.. Few £100s cost, versus the £10,000s for rent and legal costs.