Landlord Claiming over £1000

[danielmoore22]

I hope someone might be able to help me here, I will explain but try to keep it simple.

 

I moved into a 1 bed flat in August 2012 and this was for a 6 month tenancy, it was a shorthold assured tenancy.

 

I paid one months rent upfront, he didnt want a deposit. The second month came and i spoke to my landlord if it would be acceptable to make weekly rental payments as i get paid weekly where i work. He agreed.

 

I went on holiday for 2 weeks in september, paid a few weeks before i went and when i got back mistakenly only paid 1 weeks rent. as time went by, the landlord noticed we were 2 weeks out of sych with the rent, not a problem, i will arrange a payment plan to bring the 2 weeks arrears down.

 

Anyway, our front door was a wooden one, just like the one you would use for a bedroom door, well that was badly effected with mold, basically he painted over it after the last tenants left, i didn't see any problems when i viewed the property and when winter hit the mold was coming through the paint, i do suffer from asthma as a result have a weaker immune system so i had a episode of a chest infection. As it was winter the door was sticking that some times when trying to leave work i couldnt open the door that eventually over a course of a week or two the door handle came off. I did report the problem to him about the door about 2 weeks before the handle fell off. Anyway he said he get someone out to fix the door, the person came out to look at the door and said straight away that the landlord told him to just put a fresh of glossy white paint over but he said the door was that bad that only a new door would fix the problem.

 

So the landlord came out, he was with someone who quoted him £550 for the door to be replaced with a proper UPC (if thats how you spell it). he then rang me about an hour later and said he paid a deposit for the door to be put on order and said that it would be installed in a weeks time. Which whilst i waited i had to climb out of the bedroom window to get in and out of the flat as the door was badly damaged. the door was suppose to be put in a week before Christmas and i got alot of excesses saying the door wont be done now until after christmas as the maching that bonds the door was out of order awaiting a new part.

 

January came, still no door, so he paid someone to screw the door handle back in. I was not happy as you would imagine, at the time i had no fire alarms either. So already he has breached the law and the tenancy.

 

He came to my property to install the fire alarms as he refused to pay someone to do it (BTW the fire alarms are powered by the electricity wire hanging from the celling).

 

He went thought the rent statement and started to get rude so i ask him polity to leave, he got up and started to walk to the front door and so suddenly for no reason came back into the living room, and said 'This is my flat, if you want me out make me'. So i went to get the house phone and he started to get aggressive to a point he was that close i thought he was planning to beat me. I called the police, still refusing to leave, the police women told him he has to leave. So he did. As he walked out i got alot of hate crime, saying i was Puff (term for gays). That he hopes i rott in hell.

 

10 Minutes later, he returned only to try kicking the door in, i had to hold the door to stop him gaining access. Luckly i had my phone on me so i called 999 and the police were with me in less then 5 minutes. The police warned him and he was shaking by how the police was laying the law down to him.

 

So from there i refused to pay rent, I also had to quit my job because i was scared to leave the property. Because of the landlords actions.

 

He is now taking me to court as he is claiming £1058 for rent arrears/Damages. (he did serve a S21).

 

I got advice and i can counter claim for the disrepair. But what i cant seem to establish can i also counter claim against losses to earning due to his actions and behaviour? CAB and Shelter both said there is a chance that there is but to seek proper legal advice (solictor).

 

I have evidence of a Police Report, Photos of the Disrepair. Also what can i claim for?

 

Thank you for reading, Sorry its a long story but i would like to ensure you get the full facts before advising.

[stu007]

Hi dm22

 

Please be patient as its the weekend it may be quiet but you will get good advice to assist you.

 

Are you still presenting residing in that property?

Did you have a move in inventory?

What does your AST say the rent in advance is (i,e, advanced rent £XXX or something else)

Have you spoken with the enviromental health dept of local council on mould and door health & safety/Fire safety?

 

The worst thing you can ever do is stop paying your rent no matter what the issue is with the landlord as you now realise the landlord can use that against you. (How much are the rent arrears only?) start getting the rent in order.

 

Are the reported repairs documented at all?

[danielmoore22]

hi stu007,

 

Thanks for replying, the Section 21 notice runs out on the 5th march 2013. I have moved out yesterday. Shelter advised that the Section 21 notice is above board and he is correctly following the laws on that side. But they did say he seems to be trying to cut corners in terms of seeking damages and rent arrears. I have no problem paying back what i owe. We were on good terms mostly.

 

I do have a inventory. At the beginning of the contract, we did agree montly payments, but becuase i dont want to hold large amounts of cash in my property, he even suggested and agreed to weekly payments ( have texts messages/Emails proving this).

 

I did advising him off my rights and when i ask him to carry out the repairs, i was in contact with the local council, they said they can act on my behalf but it will most likely result as a eviction notice being issued as landlords would rather evict a tenant then pay for repairs.

 

Shelter said that sadly, when it comes down to repairs that there is not enough protection for the tenant when it comes to evictions. As it is easier to evict a tenant and most likely in some occasions when compared to the cost to complete the repairs.

 

But he used to moan about he had no money, even showed me his bank balance which showed he was -£5000 overdrawn, I did feel sorry for him but if i couldn't pay my rent because i was poor that wouldn't be an excuse for him so its the same rule to him.

 

The council said, wait and see what happens, if the worst comes to worst, withheld the rent payments until he completes the repairs, as stated in the tenancy. Which he didn't. and when i left yesterday still the repairs was awaiting repairs.

 

It even took him 3 weeks to get someone out to deal with the drainage system, which caused havoc, couldn't wash dishes, couldn't put the washing machine one, as all the waste was coming up in the bath, so couldn't bath regularly, but when this happened i still paid the rent onetime,

 

I have a Police Report of the incident, plus tons of emails and loads of photos and even a newsletter he sent out to all of his tenants that my flat would be the first flat to have a new door as my door was worst of the worst.

 

Proving my facts with evidence is not a problem. Its weather i can claim against him for losses to earnings as he was the prime reason why i had to quit my job.

 

I already suffer from Anxiety Disorder and Panic Disorder and it was under control thanks to a great GP, but after the incident with the landlord

[danielmoore22]

^^^ that its triggered it off again, that's why i couldn't leave the flat for 4 weeks, had to have drugs to help me sleep and not feel so anxious.

 

The though of being on Benefits had result me in suicded thoughts.

 

That landlord is just the Landlord from Hell.

 

The rent arrears is only £197.50

[mariner51]

2 seperate issues

1 If s21 valid re expiry date (no deposit involved) Court must grant a repo order, effective from 14-42 days of hearing.

Although you have vacated, LL could ask for Court fees to be awarded against you. Poss won't succeed due to aggresasive behaviour & Police involvement.

2 LL would have to initiate SCC action against you for T damage and rent owing, since no deposit to take from.

He will prob fail on replacement door, due to betterment. A counterclaim for disrepair only relate to a s8 claim for repo IMO LL will succed on claim for rent outstanding. You admit £197.50 is owed and I fear considerably more. Though LL allowed weekly payments to aid your finances, the AST prob states monthly rent of £XXX payable in advance on/by yy day of month (1st day of Tenancy). So the day after yy a full month rent is owed. LL can claim for rent certainly until expiry date of s21 and possibly until repo order is granted (and executed).

[stu007]

Hi dm22

 

Please try to calm down as I am concerned to the suicide thoughts in your post.

 

please go to your GP and let them know about these suicidal feelings.