My land lord, is says they are going to make a county court claim against me, I havent always stayed in the property because of the condition, terrible damp everywhere and so refused to pay rent until they fixed it, they have said they will give me a good reference if I get the remainder of my things out by next friday and hand over the keys,(go quitely) should i do this?? I will be taking photos of the terrible damp and also the heating didnt work, will court still tell me to pay all of the rent it has been nearly a year! Also I never had a rent agreement and thus couldnt claim housing benefit when I wasnt working, dont they need proof of debt??
2007-03-14 00:47:38 · 7 answers · asked by SCOTT B 2 in Business & Finance ➔ Renting & Real Estate
If you can prove the horrible living conditions, you will not have to pay rent. You did the right thing by moving out and refusing to pay.
Take the slum lord down!!! Do it for the people that can't.
Good Luck!
2007-03-14 00:50:54 · answer #1 · answered by Jo 6 · 0⤊ 0⤋
If your" landlord"does sue you make sure you attend court otherwise he could win by default. Tell the judge that you had a verbal aggreement with your "landlord" and that the condition of the property left much to be desired and be prepared to prove your counter claim. County court decisions of this nature are decided upon on the balance of probability. Unless there is compelling further evidence that this so called landlord can produce which might negate your counter claim judgement would probably be in your favour. So, call your "landlords" bluff and dare him to sue. He will have to pay a fee, the size of which is dependent upon the amount he claims to start the action against you and if you challenge the claim he will have to pay a further fee. Of course if he wins you will probably be ordered to pay the court fees he has paid out as well as any other amount claimed.
2007-03-17 15:09:20 · answer #2 · answered by DEREK M 3 · 0⤊ 0⤋
Since you did not sign a written Rental Agreement which states that the landlord should repair and/or maintain the premises which you occupied then you do not have any proof to exercise legal rights to demand these things.
Based on what you have mentioned, the Land lord do not have any proof of the amount owing to him, however he may have a witness to prove that you were occupying the premises.
My advice is that you should remove the remainder of your belongings from the premises, but it is up to you whether or not you will pay over any rent owing.
Good luck !
2007-03-14 11:00:53 · answer #3 · answered by Rosie 4 · 0⤊ 0⤋
If you haven't had a rental agreement, the landlord doesn't have a leg to stand on in court. Sounds like they don't want anyone to look into it if they just want you to go away. Their "county court claim" isn't for real or they would have done it in 3 mo. and you say it's been nearly a year? Unless you have the time, I would leave the slumlords to their little trip about the place. Get the "good reference". It's not fair to the next renter but if the health dept. knew..they'd make them clean up their act.
2007-03-14 08:02:48 · answer #4 · answered by Margaret 4 · 0⤊ 0⤋
you should never fail to pay your rent it can be used as an excuse as you have been trying to evade paying the other is you should have notified your local authority i.e environmental u should also ask to see a certificate when the boiler of heaters were last inspected (corgi) and that's every 12 months you should ask your landlord for proof of an agreement if you do not you will leave yourself wide open and no proof on your behalf that you were the tenant of the property you rented as for housing benefit they should have contacted your landlord in regards for proof of you living there and he is who he says he is this is to stop benefit fraud also its a criminal offence to give someone a bad reference even tho they have complained about the property u should take photos and log complaints about the landlord if you do not im afraid its a 50/50
2007-03-14 08:16:12 · answer #5 · answered by karen m 1 · 0⤊ 0⤋
i would contact the local environmental health department, I had a problem with a landlord not repairing a boiler once and they served notice on the landlord making him sort it and sort out damp in the bathroom which I didnt even know that I had..................as for taking you to court for rent, I would personally think without a tennacy agreement he could not do this, try a dept help line or cab............
2007-03-14 07:57:06 · answer #6 · answered by Stalker 2 · 0⤊ 0⤋
Talk to the Citizens Advice Bureau, they will be able to tell you how to also possible get an abatement of rent or wpie the arrears off.
2007-03-14 07:57:25 · answer #7 · answered by Mas 7 · 0⤊ 0⤋