Any legal experts here who can look this over for me?

[LizardChild]

I've been embroiled in a fairly lengthy dispute with my landlord. There were serious ongoing repair issues that had been going on for four years. More recently I fell into rent arrears. To cut a very long story short, the landlord doesn't want to fix the disrepair (even though the disrepair makes the flat not really suitable for anybody to live in). He just wants me out. His solicitor has sent me a draft agreement to sign which states that the landlord will write off my arrears and agree never to bring any court claim against me in future, as long as I also agree not to bring any disrepair claim against the landlord.

 

On the surface of it the agreement looks OK but it would be great if anybody here who knows about these things could look it over for me.

 

Thanks in advance

[AndyOrch]

Hi Lizard and welcome to CAG

 

I would assume that you have a current Tenancy Agreement in which the LL provides for repairs to be carried out...if so he will already be in breach of that.Think very carefully about signing that new agreement..he renounces his liability to do anything which will leave you with the responsibility of upkeep of the property....as tempting as having your arrears wrote off..look at the bigger picture and try to agree a monthly repayment to reduce the arrears.

 

Regards

 

Andy

[LizardChild]

Hi Andy, I've actually decided to move out of the property and have found a new place to live so I guess to be brutally honest it no longer affects me whether my landlord ever repairs his flat or not. The arrears I owe are for 12 weeks rent. I had planned to repay these arrears but the landlord will write them off if I undertake never to sue him over the repairs

[AndyOrch]

Ah well that that paints a different picture:madgrin:Have you any intention of taking legal action in the future ? (I assume not as you will no longer reside there)

 

Accept the agreement then ...(take a copy and have it witnessed)

 

Regards

 

Andy

[LizardChild]

The agreement includes the following:

 

" [Landlord] will not pursue or make any claim in any UK court, in relation to this claim or tenanted property against [me, the tenant] in respect of rent arrears."

 

 

"[me, the tenant]

 

agrees not to pursue or make any further claim in relation to this claim or tenanted property against [the landlord]"

 

 

Does this appear kosher? What I'm looking for is for them to never be able to suddenly come after me for the arrears and in return I'll forget about the four years of hellish disrepairs and never pursue them legally for that.

[AndyOrch]

looks ok Lizard...

 

One provisio though...if you ever require any future reference (Tenancy) he would provide it?

[LizardChild]

It might be unrealistic to ask him to provide a reference for a tenant who was in arrears and wanting to sue him in court for disrepair?

[AndyOrch]

Depends...he breached the agreement by not carrying out the repairs....seems awfully keen for you not to instigate litigation.Was just a thought in case you would ever require it.