Tenant Advised not to pay rent!

clutton_2

""they want 4 weeks rent free as compo!"" - if they do take you to court they will be claiming "consequential losses" - which they will have to quantify - how on earth will they do that ? - no gas - = lower fuel bills = inconvenience ? how will they quantify that ?

if you want to keep the peace, then offer them some cash, but, dont expect them to be "nice tenants" ever again !!


3000 post of mine !!!!! whey hey yaaaaaaaaaaaaaaaaaa

Nearly_Legal

teeni wrote: »

Any tenant who wishes to defend a possession action or take action against a ll needs to be in receipt of legal aid or they risk having to pay all landlords costs if they lose, so hopefully they would be informed correctly on the law before they took such action, rather than just what they had read on here.

Legal Aid is good for the tenant, but if it is a small claims matter then the landlord is unlikely to be awarded costs beyond the court fees.

The threshold for a fast track, rather than small claims disrepair claim/counterclaim is:
If there are repairs outstanding - costs of repairs and damages of over £1000
No repairs outstanding, damages of over £5000

No legal aid is available for a small claims disrepair claim.

The tenant should absolutely seek legal advice. Disrepair claims are not the easiest of things, particularly valuing them.

Debt_Free_Chick

DGJsaver wrote: »

Two things , if the LL doesnt `like` his tenants , then they can swivel for any recompensense ? and the water and heating are a `small part` of the facilities offered

Yes - that's just the way it is

You are an absolute darling you are

Thank god we have never had a LL like you

I am not a LL. Actually, I'm a tenant - albeit one who knows their rights, but also what the LL can and can't do. It's not a bad situation to be in - you should try it

Debt_Free_Chick

pocket8s wrote: »

I have spoke to them this morning and they have informed they are fuming and that they are going to see a solicitor. they want 4 weeks rent free as compo!

They want to stay at the property they should feel hard done by, to be honest i dont want to evict them. They were good tenants before all this.

Excuse me missing out info on the OP but didnt want to write an essay. Only gave more info when this debate erupted.

Thank you for your thoughts its appreciated.

Just my view ......

Do nothing. Let the whole thing settle down.

If they go to a solicitor then, provided they give him/her the full story, the solly will probably tell them not to pursue a claim for 8 weeks compo.

I doubt they will tell the solly that they're culpable, though (clients never tell their lawyers - it's one of the first things you're taught at law school!). In which case you may get a "try it on" letter.

I'd leave the ball in their Court and wait for their next move.

DGJsaver

pocket8s wrote: »

think it mite be easier to become a plumber

It may well be , because apparently you dont have to work fri/sat or sunday

cushty eh....

DGJsaver

Debt_Free_Chick wrote: »

Yes - that's just the way it is



I am not a LL. Actually, I'm a tenant - albeit one who knows their rights, but also what the LL can and can't do. It's not a bad situation to be in - you should try it

Oh i have my love believe me , thats why we are purchasing our property

MissMoneypenny

moneysavinmonkey wrote: »

Mi Moneypenny - can you clarify the source of this advice? It is very important that the correct information is given for anyone reading this thread.

My understanding is that you are allowed to enter a defence to court action against you and a counterclaim can form part of that defence. Unless anyone knows different? The following seems to bear out what I believe:-
http://209.85.129.104/search?q=cache:N3DkQLr09QQJ:www.gardneraustinlaw.com/downloads/litigation_1.pdf+a+general+guide+to+litigation&hl=en&ct=clnk&cd=1&gl=uk&client=firefox-a

http://www.small-claims-court-support.co.uk/court-documents.htm

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10014967

http://216.239.59.104/search?q=cache:F84gaTwLv10J:www.hmcourts-service.gov.uk/news/forms/docs/n9b_0406.pdf+counterclaim+defense+court&hl=en&ct=clnk&cd=3&gl=uk&client=firefox-a

pocket8s

DGJsaver wrote: »

It may well be , because apparently you dont have to work fri/sat or sunday

cushty eh....

:rotfl: :rotfl:

moneysavinmonkey

MissMoneypenny wrote: »

My understanding is that you are allowed to enter a defence to court action against you and a counterclaim can form part of that defence. Unless anyone knows different? The following seems to bear out what I believe:-
http://209.85.129.104/search?q=cache:N3DkQLr09QQJ:www.gardneraustinlaw.com/downloads/litigation_1.pdf+a+general+guide+to+litigation&hl=en&ct=clnk&cd=1&gl=uk&client=firefox-a

http://www.small-claims-court-support.co.uk/court-documents.htm

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10014967

http://216.239.59.104/search?q=cache:F84gaTwLv10J:www.hmcourts-service.gov.uk/news/forms/docs/n9b_0406.pdf+counterclaim+defense+court&hl=en&ct=clnk&cd=3&gl=uk&client=firefox-a

Thanks for providing the links.. although they all relate to county court proceedings generally -doesn't really help us establish whether a counterclaim for damages would be allowable/considered in eviction proceedings.

If anyone has any experience of a Section 8 eviction for either side can you help us here?

I maintain that it is a risky route to take and not something we should be advising people on an internet forum to undertake... far safer to keep paying your rent but separately raise a small claims action for damages/costs against your landlord.

MissMoneypenny

moneysavinmonkey wrote: »

If anyone has any experience of a Section 8 eviction for either side can you help us here?

NearlyLegal has.

moneysavinmonkey wrote: »

I maintain that it is a risky route to take and not something we should be advising people on an internet forum to undertake.

No one should ever take legal advice from an Internet forum. They should take legal advice from a solicitor.