How To Sue Your Landlord
Written by The Landlord on 28 Sep 2007It occurred to me that I haven’t really given much support to tenants, but I’ve written a lot of articles for landlords. I guess that’s because I’m a landlord and have never experienced life as a tenant. However, I’m about to broaden my horizons. Here’s how to sue your mean little landlord…
Most ‘tenant Vs landlord’ issues are resolved through small claims courts. Claimants (tenants) can use the procedure to recover unpaid bills, rents or refunds of rental deposits for property for a sum under £5000.
What the court expects
The court expects the parties to have explored all other avenues of settlement.
You must try and settle a claim before taking court action and only use the court if you cannot get the problem solved by negotiation. The court will expect you to make your claim in writing, giving the other person a reasonable time to reply- a month is ample. You should also warn them that you will take court action if they fail to reply within the given time.
As a claimant, you must be able to prove that court action was taken as a last resort and that you’ve given the defendant every opportunity to resolve the dispute. Make sure you document all your contact with the Landlord.
Having failed the rational route, as so:
(for those that aren’t “street” or “with it”, that translate into, “hey babydoll, it’s in your best interest for my boss not to have any problems with you. So please, handover the money you owe him or….I will kill you”)
You do the following…
Locate your nearest small claims court
Locate your nearest small claims court and get a claims form. You can download it from the HM Courts website or for your super convenience, make a claim online.
Fees
Fees are reasonable, but vary depending on the amount you are claiming. Costs usually vary between £30-£120. You can claim the fees back from the defendant if you win your case. However, if you lose, you may have additional expenses to pay to the defendant, to cover his or her costs.
Preparing the Case
It is important to prepare the case carefully- you need to convince the court you are in the right- the best way to do that is by making your case as strong as possible. Ensure you research how to prepare for it and all documents, evidence and witnesses required are available. Ensure that the defendant has been sent copies of all the evidence, which you want to use in your claim. If you fail to do so, you may be stopped from using this evidence in the hearing.
- notes about the case should be set out in date order. It is very useful to note down what your case is, for example, the points to make, the documents which are relevant, and what they prove. A list of all documents, and other evidence is useful to make sure nothing is forgotten
- evidence of expenses should be prepared and any receipts you may need to support your case
- all letters (and any other relevant documents including photographs) about the case should be ready for the hearing
- in most cases the claimant and the defendant may be the only witnesses. If the court has agreed that other witnesses can attend, they must attend. If a witness has difficulty getting time off work, it may be helpful to serve a witness summons. The court can explain how to do this.
What happens if they lose but still won’t pay?
As the claimant, if you win the case and the defendant doesn’t pay, you will have to go back to the same court to apply for an order to get the money. This is called enforcing the judgment.
However, before enforcing a judgement you should request that the property is sold or goods seized from the Landlord’s home or business to pay you the money you are owed or instruct their employer to pay you from their salary.
If you need a judgement to be enforced you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email.
Key Points
- You do not need a solicitor as it is set up on a simple basis for claimants to represent themselves.
- Judges are very patient, knowing that the parties are nervous and new to the process. A friend (lay person) can help you.
- If you feel the case is complicated, you should speak to your local Citizens advice bureau for advice
- The judge makes an immediate decision and the parties can get a full and final result on the day of the hearing if it is not settled prior to court.
- If you win your case, the Judge will order the defendant to pay either immediately, by instalments or in full by a certain date
- If you lose your case, the defendant may be able to claim limited expenses from you
Have you had experience with taking a tenant or landlord to a small claims court? I’d love to hear your story. Thankfully I haven’t had to go down that route, but it could be only a matter of time…
It would be kind of ironic if one of my tenant’s came onto my site, took my advice and tried to sue me :)
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72 Comments - join the conversation...
Showing 23 - 72 comments (out of 72)
loulou2010-05-13 02:08:31
Hi,
Go to the Citizens Advice Bureaux ASAP!!!
Firstly , your Landlord cannot just barge into your house unannounced, he is breaking the law, if he does it again you have every right to call the police to have him removed. He is bullying and harrassing you in order to get you to leave his property, this is also illegal, tell him this. He must give you 24hours notice to enter and if that is unsuitable to you, you can refuse him entry. Whilst you are the tenant of the property it is your home and the Landlord can only be allowed access with your permission.
Secondly, he cannot give you 14 days notice to get out! A Landlord usually has to go to court to evict you!
Thirdly,the amount on the Tenancy agreement is the amount of rent payable.You have stated £495 per month to the Council, what are the council saying about an overpayment and do they pay Housing Benefit to you or directly to your Landlord?
Go to the Citizens Advice Bureaux ASAP!!!
Firstly , your Landlord cannot just barge into your house unannounced, he is breaking the law, if he does it again you have every right to call the police to have him removed. He is bullying and harrassing you in order to get you to leave his property, this is also illegal, tell him this. He must give you 24hours notice to enter and if that is unsuitable to you, you can refuse him entry. Whilst you are the tenant of the property it is your home and the Landlord can only be allowed access with your permission.
Secondly, he cannot give you 14 days notice to get out! A Landlord usually has to go to court to evict you!
Thirdly,the amount on the Tenancy agreement is the amount of rent payable.You have stated £495 per month to the Council, what are the council saying about an overpayment and do they pay Housing Benefit to you or directly to your Landlord?
23
stacie2010-06-05 04:55:43
Wondering if i can sue my landlord. We moved in here after her mother died. The landlord left all her mothers belongings in our basement, garage, driveway. Not to mention two of her mother's cats which she agreed to pay for that she didn't and infested our home with fleas, and also urinated, deficated all over our things. I have contacted her severl times asking to get her unsightly belongings out of here, so we finally contacted the police. My neighbor complains of this also. She comes over here today telling/screaming at me saying i am rude and a constant complainer and that she hopes my mother dies. And that if i don't stop complaining she will put me and my family out on the street. I recorded this conversation. I have taken pictures of everything. Water damage, the cat, cracking paint, windows with no screens, pictures of all her things. I want to sue her for all the rent i've paid, plus expenses of having to move/court costs. I recorded her screaming at me. She finally said i'll move the stuff out of the driveway tomorrow, but you are no longer allowed to use it. It is in my lease that i am renting the premises at this address and nothing more. She tried to say the garage wasn't included, just the house, so what about all your things in the basement and driveway? She told me the stuff would be moved last fall, she didn't. She said she'd pay for food/litter for the cats, she didn't. now the problems go beyond the cats and the fact that i've bombed 3 times and they are still here. She has never complained about me before. She's just mad I finally took action.
24
loulou2010-06-05 11:02:45
Hi Stacie,
Before you do anything else, it is important to seek advice first to establish your rights as a tenant.
Start by getting some advice from a helpline in your area, go to the shelter website here.. http://england.shelter.org.uk/get_advice/advice_services_directory
(cut and paste into your browser if necessary)
Explain what the agreement was before you moved in. Did you agree that the cats could continue to live in the property, that you were responsible for them, and that the Landlady could store some of her possessions there? Disregarding mess caused by the cats, is the property itself a health hazard due to disrepair? Is it damp, do you have an up to date gas certificate? You may want to call environmental health and let them assess the state of the house if this is the case but again, get advice first.
Your Landlord is threatening you with eviction for complaining about the state of the property, I think this is illegal.
Write a diary of events, I'm not sure if video or tape recordings can be used. As for suing your Landlord, again, get advice first as it could be very costly and time consuming.
Hope this helps
Before you do anything else, it is important to seek advice first to establish your rights as a tenant.
Start by getting some advice from a helpline in your area, go to the shelter website here.. http://england.shelter.org.uk/get_advice/advice_services_directory
(cut and paste into your browser if necessary)
Explain what the agreement was before you moved in. Did you agree that the cats could continue to live in the property, that you were responsible for them, and that the Landlady could store some of her possessions there? Disregarding mess caused by the cats, is the property itself a health hazard due to disrepair? Is it damp, do you have an up to date gas certificate? You may want to call environmental health and let them assess the state of the house if this is the case but again, get advice first.
Your Landlord is threatening you with eviction for complaining about the state of the property, I think this is illegal.
Write a diary of events, I'm not sure if video or tape recordings can be used. As for suing your Landlord, again, get advice first as it could be very costly and time consuming.
Hope this helps
25
stacie2010-06-05 14:39:43
We did agree at first that the cats could stay here IF she paid for food and litter, which she didn't. Then we asked that they be removed due to them ruining all our things and her not buying food and litter. I've taken pictures of water damage, and everything that is laying around. We did not agree for her belongings to stay here, we were told it would be moved out last fall. Verbal agreement. Yes, the property itself is a health hazard, there are fleas, sharp items in the driveway, chipping paint, which could be lead, no screens on the windows. When i asked for these, she asked me if i had 5,000 dollars for new screens...I have 3 children, just her items alone are a concern for them. Water damage which equals mold, which i can smell when i go upstairs. Oh, and i'm in wisconsin, not sure if there is a differant website i should check out than the one posted. Now she says she'll move the things from the driveway, but i can't use it.
26
stacie2010-06-05 14:42:37
And the electrical is NOT up to date, not to mention having no outlet covers, there is an outlet on the front porch that is torched. It melted and burned and at some point, fire came out of it for this to happen. Most of the outlets are 2 prong. When I turn something on, everything flickers, and the outlet sparks...
27
jools2010-06-06 10:36:07
@LouLou - you are assuming Stacie is in the UK. From what I have read I believe her to be in the USA/Canada.
Perhaps Stacie you could clarify?
Jools
Perhaps Stacie you could clarify?
Jools
28
rick2010-08-21 13:36:59
i have sent this letter to british gas and the are still not paying any attention. i have access to council reports, enviromental health reports, fire safety reoprts, what do i do next wihout having to pay out for a small claims court?
I am writing on behalf of myself, to let you know that for the past twelve months or so, l Richard , has been getting phone calls, text messages, and letters from a debt recovery agency called SRJ. It has been brought to my attention, that no matter what l tell any of your colleagues, over the telephone, no one seems to listen.
The money which is due at the following property 18 Hartington road, Bolton, is as far as l no close to £3000 GBP this amount is distributed over three quarterly bills addressed to 18 Hartington Road.
I would like to bring to your attention that the Address mentioned above is not a single dwelling, but a HMO's dwelling, house of multiple occupations, Rented out to students and local residents. This can be confirmed by the report in which is noted in this letter.
From the dates 1st of September 2008 until the beginning of May 2009 l was a resident at 18 Hartington road, while studying a degree,the mode of study in which l under took was full time, and took place at the university of Bolton, student number .........
There were also five other students living at the address mentioned above who also went to the university of Bolton to study. Including them students, there were a couple living in the HMO’S.
I have tried explaining this over the telephone many times over but the only response l receive is: do you have proof, of the residents occupancy’s while l personally don’t have any proof, but the landlord Mr Edward Brown will hold the copy’s of the tenancy agreements, but since he is arrogant and has broken the law by renting out property registered as single dwelling he is unwilling to communicate with me because l reported him to the Accreditation Officers at Bolton council, which in turn resulted in them doing a full scale investigation into the property mentioned above.
Due to the condition of the property other public service sectors were called in to evaluate and inspect the property.
Reports are available on request and can be obtained by telephoning Tim Layland head of private housing sector on 01204 335461.
I personally have spoken with Bolton council and they are willing to back me all the way. Tim Layland the private housing officer has told me that council tax exception forms are stored on their data base, and with the right authority you can have access to these forms, so if the landlord Mr Edward Brown persists to stop you perusing bill payments by not communicating then maybe he should be the one getting punished and not a helpless student trying to get on in life.
I am willing to communicate 100% l no l am also responsible for some of the bills but constant threats and pestering letters and phone calls from your company is in my eyes classified as bullying.
I hope this letter helps you understand why the bills at 18 Hartington road have not been paid, and l hope that we can come to some sort of arrangement on clearing my name from your database for good.
Kind regards
I am writing on behalf of myself, to let you know that for the past twelve months or so, l Richard , has been getting phone calls, text messages, and letters from a debt recovery agency called SRJ. It has been brought to my attention, that no matter what l tell any of your colleagues, over the telephone, no one seems to listen.
The money which is due at the following property 18 Hartington road, Bolton, is as far as l no close to £3000 GBP this amount is distributed over three quarterly bills addressed to 18 Hartington Road.
I would like to bring to your attention that the Address mentioned above is not a single dwelling, but a HMO's dwelling, house of multiple occupations, Rented out to students and local residents. This can be confirmed by the report in which is noted in this letter.
From the dates 1st of September 2008 until the beginning of May 2009 l was a resident at 18 Hartington road, while studying a degree,the mode of study in which l under took was full time, and took place at the university of Bolton, student number .........
There were also five other students living at the address mentioned above who also went to the university of Bolton to study. Including them students, there were a couple living in the HMO’S.
I have tried explaining this over the telephone many times over but the only response l receive is: do you have proof, of the residents occupancy’s while l personally don’t have any proof, but the landlord Mr Edward Brown will hold the copy’s of the tenancy agreements, but since he is arrogant and has broken the law by renting out property registered as single dwelling he is unwilling to communicate with me because l reported him to the Accreditation Officers at Bolton council, which in turn resulted in them doing a full scale investigation into the property mentioned above.
Due to the condition of the property other public service sectors were called in to evaluate and inspect the property.
Reports are available on request and can be obtained by telephoning Tim Layland head of private housing sector on 01204 335461.
I personally have spoken with Bolton council and they are willing to back me all the way. Tim Layland the private housing officer has told me that council tax exception forms are stored on their data base, and with the right authority you can have access to these forms, so if the landlord Mr Edward Brown persists to stop you perusing bill payments by not communicating then maybe he should be the one getting punished and not a helpless student trying to get on in life.
I am willing to communicate 100% l no l am also responsible for some of the bills but constant threats and pestering letters and phone calls from your company is in my eyes classified as bullying.
I hope this letter helps you understand why the bills at 18 Hartington road have not been paid, and l hope that we can come to some sort of arrangement on clearing my name from your database for good.
Kind regards
29
cayla hepple2010-09-15 11:14:40
Hi,
I want to take legal action against my landlord! I have been a tenent for 3 years, this is my 3 propery form her she likes to move us around for some reason!I have been in my current propery for over a year now and i have had so many problems. We are in rent arrea with her.We moved into this property because she said it was cheaper and if we didnt take it we would have to find somewhere else. This property was full of fleas when we moved in, she got someone out to sort that out. The property was filthy, i had to clean it and remove all the rubbish. Then i had a knock on the door from a neighbour saying that the chimney was damaged and that it looked like it was going to fall, i reported this soon after i moved in, the landlord done nothing, a few months later on a windy morning th chimney clapsed, the landlord was on holiday so couldnt contact her. Someone from the local council came out and cordened off the footpath and advised us we werent to stay in the property because it was unsafe as 1 of the chimney pots was still ready to fall and it may have came through the roof. It took her 4 days to get someone to make the property safe and over a week to repair the chimney. I also have a plug socket 8foot high on my kitchen wall, there is a leak in my kitchen roof where the main electrical cables enter my property so this plug socket drips water tripping all my electricity off. The wall is soaking wet and has big black spours on it. I have no lights downstairs as they keep going off with the water. I am living in a deadth trap, my fuse box is only a couple of feet away from this socket. I reported this to her over 8month ago and i am still waiting for someone to come out. i have had enough now. Any advice is appreciated.
I want to take legal action against my landlord! I have been a tenent for 3 years, this is my 3 propery form her she likes to move us around for some reason!I have been in my current propery for over a year now and i have had so many problems. We are in rent arrea with her.We moved into this property because she said it was cheaper and if we didnt take it we would have to find somewhere else. This property was full of fleas when we moved in, she got someone out to sort that out. The property was filthy, i had to clean it and remove all the rubbish. Then i had a knock on the door from a neighbour saying that the chimney was damaged and that it looked like it was going to fall, i reported this soon after i moved in, the landlord done nothing, a few months later on a windy morning th chimney clapsed, the landlord was on holiday so couldnt contact her. Someone from the local council came out and cordened off the footpath and advised us we werent to stay in the property because it was unsafe as 1 of the chimney pots was still ready to fall and it may have came through the roof. It took her 4 days to get someone to make the property safe and over a week to repair the chimney. I also have a plug socket 8foot high on my kitchen wall, there is a leak in my kitchen roof where the main electrical cables enter my property so this plug socket drips water tripping all my electricity off. The wall is soaking wet and has big black spours on it. I have no lights downstairs as they keep going off with the water. I am living in a deadth trap, my fuse box is only a couple of feet away from this socket. I reported this to her over 8month ago and i am still waiting for someone to come out. i have had enough now. Any advice is appreciated.
30
Anita Scott2010-10-14 11:53:50
I will try to put this in a nutshell but its quite complicated. I was served a Section 21 to leave property as landlords didnt want to do repairs. There was never a check in or check out, no signed or dated inventory. Few weeks after vacating I was arrested for allegedly stealing four chairs. The CPS advised no further action. Whilst the Police were involved I received a letter from landlords Agents stating that he had "replacement, repair and cleaning bills" NOT enclosed just a typed list from him. I did not respond as the Police were still involved at this stage. Few days later got another from Agent stating "enquiries are continuing with the police and should no action be taken by them the ODriscolls will be taking action with a civil claim in the small claims court. I did not respond. After receiving notice of No Further Action from CPS I wrote to landlord requesting return of deposit. He wrote to me saying that he had "returned full deposit at landlords request". I never gave my agreement to his releasing my deposit. Has he broken the law and can I sue him?
31
Saz2010-10-16 11:12:06
Hey there
What rights do we have as tennants if the landlord/letting agent hasnt done any of the things asked of them including damp on the walls, broken fixtures, broken doorbell, broken blind that means the garage of men across the road can see in the bathroom, mice infestation problem, all which were present before we moved in.
They screwed up on the contract dates so we're not under contract now and they know we want us to leave but dont want to let us, so have been writing bad references about us everytime we find a place to move to. Help!!
What rights do we have as tennants if the landlord/letting agent hasnt done any of the things asked of them including damp on the walls, broken fixtures, broken doorbell, broken blind that means the garage of men across the road can see in the bathroom, mice infestation problem, all which were present before we moved in.
They screwed up on the contract dates so we're not under contract now and they know we want us to leave but dont want to let us, so have been writing bad references about us everytime we find a place to move to. Help!!
32
Christian Deschanel2010-11-22 13:25:11
I sublet an apartment at the end of June 2010.
I was informed at the time that the landlady (sub-letter) 'worked from home' but it turned out that she actually ran her business from home. This included entertaining, interviewing and constant telephone calls.
This meant the communal areas were used for her business and there was constant disruption with deliveries, meetings and phone conversations.
The place was advertised as having a vacant room with use of own bathroom. Which it turns out was used by the landlady's guests and colleagues - at my expense.
After I had moved in, it appears the landlady didn't like the face I had a lot of possessions (which fitted adequately in the room) and constantly jibed me about moving out and finding a bigger place.
I had to fit everything in my room as the landlady filled all storage space in the apartment; including kitchen cupboards with her personal and business effects. My possessions however fitted in my room and I didn't require any storage space.
The constant jibes went on and I took them with a pinch of salt, although now she added daily that her friend was looking for a place and wanted her old room back. I asked if she wanted me to move out and she said no.
I was at work for most of the day and travelled most weekends as well, so i managed to stay out of her way as much as possible. I was thinking of moving but I liked the apartment and especially the area and apartments went very quickly when advertised.
Anyway the landlady starts entering my room and moving my things around on a regular basis. I ask her why and she and she claims she has to clean. IO explained I was capable of cleaning myself and did on a regular basis. She then hired a cleaner without my consent and charged me for it. I asked her not to go in my room but this was totally ignored. There were even a couple of instances when the landlady entered my room when I was there and stood and stared at me and even my girlfriend on one occasion. Again no explanation was given.
Further more the landlady starts eating my food; to the extent I had nothing left in the cupboards. I asked her why and she said she threw it away because it had gone off. I could only find the remnants of the packaging though and not the contents.
I had gone out of my way to help the landlady; fixing her laptop issues and TV faults, yet she still continued to invade my privacy and eat my food. Even to the extent of insulting my friends and girlfriend. No one wanted to visit because of her.
Now I had had enough and informed the Landlady that I wished to move out because she refused to stay out of my room, ran her business from home and constantly ate my food. She said that was fine and asked me when I would be moving. I said I had to find a place but as soon as possible.
The next thing is I get a text message telling me to get out in eight days, ten at the most because her friend wanted to move in asap. I explained that that wouldn’t happen because she was required to give me at least a months notice and I needed to find accommodation. Things just escalated from there!
I had come home from work at 16:00 after getting away for the weekend and commuting to work at 04:00 in the morning. All my food had bee eaten so I went to a restaurant for takeout and then went to view some properties. I returned home around 21:30 and fell straight to sleep with exhaustion. I was then awoken at 11:30 by the Landlady and her friend hurling abuse at me, slamming doors and stamping down the hallway. This went on until at least 02:00 and I failed to get back to sleep. I decided to leave for work early and at this point felt I couldn’t leave my stuff, but I had to. As luck would have it the doors handle to my room; which had never been fixed fell off on my exit. I decided to leave it off and put the handle in my laundry basket in my ‘supposed’ bathroom.
I took some days off work and decided to take a break back home in Bristol. The next thing I know is that she has called the police, trying to get me arrested for criminal damage. The Police phoned me up and gave me a chance to explain everything and fortunately they took no further action.
I decided I had to get out as soon as possible and left within the next week. I’m now having to commute from Bristol to London daily and had to pay to put my things in storage. I haven’t received my rent back for leaving early either and now she’s asking me to pay bills.
Can I sue the Landlady for harassment, invasion of privacy?
Should I be liable for paying electricity bills; especially when the majority of the bill covers the daytime when she runs her business? I was actually asked to pay for a bill dated over a month before I entered the property last time.
Can I get compensation for being forced out before my months notice and having to pay for storage?
What can I do to get compensation?
I was informed at the time that the landlady (sub-letter) 'worked from home' but it turned out that she actually ran her business from home. This included entertaining, interviewing and constant telephone calls.
This meant the communal areas were used for her business and there was constant disruption with deliveries, meetings and phone conversations.
The place was advertised as having a vacant room with use of own bathroom. Which it turns out was used by the landlady's guests and colleagues - at my expense.
After I had moved in, it appears the landlady didn't like the face I had a lot of possessions (which fitted adequately in the room) and constantly jibed me about moving out and finding a bigger place.
I had to fit everything in my room as the landlady filled all storage space in the apartment; including kitchen cupboards with her personal and business effects. My possessions however fitted in my room and I didn't require any storage space.
The constant jibes went on and I took them with a pinch of salt, although now she added daily that her friend was looking for a place and wanted her old room back. I asked if she wanted me to move out and she said no.
I was at work for most of the day and travelled most weekends as well, so i managed to stay out of her way as much as possible. I was thinking of moving but I liked the apartment and especially the area and apartments went very quickly when advertised.
Anyway the landlady starts entering my room and moving my things around on a regular basis. I ask her why and she and she claims she has to clean. IO explained I was capable of cleaning myself and did on a regular basis. She then hired a cleaner without my consent and charged me for it. I asked her not to go in my room but this was totally ignored. There were even a couple of instances when the landlady entered my room when I was there and stood and stared at me and even my girlfriend on one occasion. Again no explanation was given.
Further more the landlady starts eating my food; to the extent I had nothing left in the cupboards. I asked her why and she said she threw it away because it had gone off. I could only find the remnants of the packaging though and not the contents.
I had gone out of my way to help the landlady; fixing her laptop issues and TV faults, yet she still continued to invade my privacy and eat my food. Even to the extent of insulting my friends and girlfriend. No one wanted to visit because of her.
Now I had had enough and informed the Landlady that I wished to move out because she refused to stay out of my room, ran her business from home and constantly ate my food. She said that was fine and asked me when I would be moving. I said I had to find a place but as soon as possible.
The next thing is I get a text message telling me to get out in eight days, ten at the most because her friend wanted to move in asap. I explained that that wouldn’t happen because she was required to give me at least a months notice and I needed to find accommodation. Things just escalated from there!
I had come home from work at 16:00 after getting away for the weekend and commuting to work at 04:00 in the morning. All my food had bee eaten so I went to a restaurant for takeout and then went to view some properties. I returned home around 21:30 and fell straight to sleep with exhaustion. I was then awoken at 11:30 by the Landlady and her friend hurling abuse at me, slamming doors and stamping down the hallway. This went on until at least 02:00 and I failed to get back to sleep. I decided to leave for work early and at this point felt I couldn’t leave my stuff, but I had to. As luck would have it the doors handle to my room; which had never been fixed fell off on my exit. I decided to leave it off and put the handle in my laundry basket in my ‘supposed’ bathroom.
I took some days off work and decided to take a break back home in Bristol. The next thing I know is that she has called the police, trying to get me arrested for criminal damage. The Police phoned me up and gave me a chance to explain everything and fortunately they took no further action.
I decided I had to get out as soon as possible and left within the next week. I’m now having to commute from Bristol to London daily and had to pay to put my things in storage. I haven’t received my rent back for leaving early either and now she’s asking me to pay bills.
Can I sue the Landlady for harassment, invasion of privacy?
Should I be liable for paying electricity bills; especially when the majority of the bill covers the daytime when she runs her business? I was actually asked to pay for a bill dated over a month before I entered the property last time.
Can I get compensation for being forced out before my months notice and having to pay for storage?
What can I do to get compensation?
33
maria-Theresa Zarzou2010-12-20 13:33:57
I am living in private rented accommodation in the london borough of hillingdon. I have a very extreme mould problem in my ground floor maisonette. Sept 2009 my GP advised me my son developed asthma. (he was born feb 2007) and I believe he has experienced health problems as a result of the mould in our house. Constantly, coughing, wheezing, and very irritated sore eyes. In dec 2009 I treated the walls myself and repainted them. But now the mould is growing back rapidly, every week I have to scrub the walls from newly grown mould. It even spreads onto our bedding and clothes in cupboards and chest of drawers. I would like some advise on what I can do and what my rights are as a tenant. Thank You.
34
Poonam Shamim2011-03-07 22:08:21
Hi,
My landlord keeps trespassing on my property. I have informed him time and time again that he must not do this. He verbally shouts down at the phone on me and then sends me letter saying that my behavior is uncalled for and that he needs reassurance that i will not shout, even though i have sent him letters asking him for reassurance that he will not trespass again.
I want to take him to court. It is not about money but principle.
I do not have a lot of money, just enough to live by.
I have witnesses that can say he trespasses and shouts at me.
I informed him of some mould in the kitchen and he written that it was caused by my kettle. I wrote to him asking him where he suggests that i place my kettle, he wrote back saying that i 'distorts allegations'.
What is your advice?
My landlord keeps trespassing on my property. I have informed him time and time again that he must not do this. He verbally shouts down at the phone on me and then sends me letter saying that my behavior is uncalled for and that he needs reassurance that i will not shout, even though i have sent him letters asking him for reassurance that he will not trespass again.
I want to take him to court. It is not about money but principle.
I do not have a lot of money, just enough to live by.
I have witnesses that can say he trespasses and shouts at me.
I informed him of some mould in the kitchen and he written that it was caused by my kettle. I wrote to him asking him where he suggests that i place my kettle, he wrote back saying that i 'distorts allegations'.
What is your advice?
35
BonBon2011-03-08 10:50:26
I have rented a property on an assured (periodic) shorthold tenancy for 14 years, trouble free UNTIL 3 years ago when a new neighbour moved in downstairs. She started making libelous and untrue allegations about us to the landlord when we had a bit of a "fall out" over decoration of the communal hallway. Anyway my landlord (for some unknown reason) believes everything she tells them without investigation or contact with us. For the past 3 years we have had letters of complaint from our landlord, including a solicitors letter threatening us with eviction if "these actions continue"!!! I have had meetings with my landlord, requested mediation, written letters of explanation to them - all to no avail. Now the landlord has served us with a Section 21 Notice to Quit and won't discuss the situation with us. I understand I've no legal right of redress but morally? Does anyone have any suggestions or have any of you been in this situation? We have to be out by 28 April, so any snippets welcome.
36
alexander williams2011-03-11 01:37:53
i share a house with 5 other students during are stay we have problems with the house for example both showers broke and it took two weeks to replace them same with the washing machine and tumbledryer, also one of the showers leaks causing water to come down into the kitching from the floor above , all that we could tolrate but now the landlord has got 3 building in to redocerate are whole house , they have striped the walls replasterd the walls in the hallway and stairway repainted the walls and replaced all the doors , all of are clouths are coverd in plaster so are the floors and also the new locks they put on the bathroom door dont work, also the dust from the building work is effecting my housemate who has ashma , the builders arrive at 8 everymourning for the last three weeks and look to continue for anouther three weeks they are loud and it is starting to affect all are studies as we cant study when there is hammering and circular saws going off in the background, can i take my landlord to court for this?
37
colin2011-04-23 21:43:00
hi, recently we moved out of a property because the landlord sold the house, but before we moved out we had comlained to the landlord about the poor electrics in the house. We were very concerned as we have three small children, our dryer started smoking so when we pulled it away from the wall we were shocked to see that the sockets had melted and the wall was covered in black smoke marks. Also there was a fish pond in the garden which kept shorting everything out in the house. There were also poorly insolated wires around the house including the pond where our children could easily have been electricuted.
We reported all this to our landlord who sent her boyfriend round to carry out some repairs. I asked the landlord if her boyfriend was a qualified electrition and could we see his certificate to proove this, but this did not happen, it was no coincidence that very shortly afterwards the house was put up for sale, to which it actually sold within two days, which gave us two months to move out.
We still continued to ask for the proof of her boyfriend being a electrition, but we just got a whole load of abuse for our troubles, it didn't matter anymore as we were moving out they thought, but we wrote to her keeping a copy of our letter, but still no response.
Since the house was sold we found out that infact the new owners were our friends and we told them about our concerns, we were then shocked when they told us that they had to move out of the house shortly after they moved in because they too had problems with the electrics.
They had to move out for two weeks so that the entire house could be rewired as it was deemed as extremly dangerous and unsafe.
We have since obtaines a copy of the repairs that had to be carried out and we were shocked at how much work had to be done.There was also problems with the water tank in the loft which was also dangerous. We can't believe that the landlord has got away with this and we strongly feel that we have a cae against her and as we were paying her £675 a month and the house was actualy a death trap surely we have a case against her.
Please can you tell us if we do and what we can do as why should she get away with it like this.
Thanyou Colin.
We reported all this to our landlord who sent her boyfriend round to carry out some repairs. I asked the landlord if her boyfriend was a qualified electrition and could we see his certificate to proove this, but this did not happen, it was no coincidence that very shortly afterwards the house was put up for sale, to which it actually sold within two days, which gave us two months to move out.
We still continued to ask for the proof of her boyfriend being a electrition, but we just got a whole load of abuse for our troubles, it didn't matter anymore as we were moving out they thought, but we wrote to her keeping a copy of our letter, but still no response.
Since the house was sold we found out that infact the new owners were our friends and we told them about our concerns, we were then shocked when they told us that they had to move out of the house shortly after they moved in because they too had problems with the electrics.
They had to move out for two weeks so that the entire house could be rewired as it was deemed as extremly dangerous and unsafe.
We have since obtaines a copy of the repairs that had to be carried out and we were shocked at how much work had to be done.There was also problems with the water tank in the loft which was also dangerous. We can't believe that the landlord has got away with this and we strongly feel that we have a cae against her and as we were paying her £675 a month and the house was actualy a death trap surely we have a case against her.
Please can you tell us if we do and what we can do as why should she get away with it like this.
Thanyou Colin.
38
cardifflandlord2011-04-25 17:15:30
Colin, if you still lived in th eproperty you may have a valid complaint.
However since no one was actually injured its a bit rich to expect to get anything back.
Unfortunately, the Landlord will probably get away with this!
CL
However since no one was actually injured its a bit rich to expect to get anything back.
Unfortunately, the Landlord will probably get away with this!
CL
39
katherine2011-06-08 00:01:34
i recently found out that ive been living in an illegal apt. the apt isnt registered in the dept of buildings and is also violating fire hzard laws since it is a basement apt, with no secondary fire exit and my landlord guarded the windows. i have been behind on my rent for the past two months due to a payroll error at work. i did get a letter at work to give to my landlord to explain as to why i couldnt pay my rent since i wasnt getting paid. my landlord decided to call up my boss and explain to him that i am behind on my rent. now everyone at work knows my personal financial issues. is there a way i can get my money back for renting an apt that i did not know was illegal? i have a 2 year lease and ive been living there for a year now. also, can i sue him for telling my personal business to my boss and invading my privacy?? thank you
40
RAJEEV SAROY2011-06-29 13:22:57
HI.
I am renting and living in a property that is owned by the estate agents next door. I do not have a letterbox and all the mail is delivered to the estate agents (next door).
I would like to know what advice you could give me regarding my landlord opening up my mail. This has now happened about 3-4 times and I am fed up with picking up my mail that has been opened and when I have asked for an explanation, the landlord has said he thought it was addressed to him. One letter he opened was an appointment letter from the hospital this was addressed to me. When I confronted him, he stated that he thought it was addressed to him. After this conversation, I let it be but at the end of May 2011, I discovered another letter of mine opened by him.
My initials are R Saroy and his are R S Bansal. My mail is addressed as R Saroy; surely he should know the difference between R Saroy and R S Bansal. Can he do this and is this legal?
I understand that there are some similarities to his and my name but if he is in doubt, then he should get one of his members of staff to clarify the mail.
I asked a member of his staff to contact me regarding this matter and unfortunately I have still not heard from him since end of May. It would be acceptable and common courtesy to say sorry but he has failed to do that. This has left me fuming as he thinks he can do what he likes and open my mail when he feels like it.
Thank you.
I am renting and living in a property that is owned by the estate agents next door. I do not have a letterbox and all the mail is delivered to the estate agents (next door).
I would like to know what advice you could give me regarding my landlord opening up my mail. This has now happened about 3-4 times and I am fed up with picking up my mail that has been opened and when I have asked for an explanation, the landlord has said he thought it was addressed to him. One letter he opened was an appointment letter from the hospital this was addressed to me. When I confronted him, he stated that he thought it was addressed to him. After this conversation, I let it be but at the end of May 2011, I discovered another letter of mine opened by him.
My initials are R Saroy and his are R S Bansal. My mail is addressed as R Saroy; surely he should know the difference between R Saroy and R S Bansal. Can he do this and is this legal?
I understand that there are some similarities to his and my name but if he is in doubt, then he should get one of his members of staff to clarify the mail.
I asked a member of his staff to contact me regarding this matter and unfortunately I have still not heard from him since end of May. It would be acceptable and common courtesy to say sorry but he has failed to do that. This has left me fuming as he thinks he can do what he likes and open my mail when he feels like it.
Thank you.
41
Karin2011-08-12 20:24:04
Hi there,
We have just recently moved into a new house. When it was first advertised, it said it could be either furnished or part furnished. When I went along to the letting agency to sign the lease, I got told that the furniture that was in there would have to stay after all - which was a bit of a hassle, but since we had already given notice to our old property and had to move out soon, I agreed to this and signed the lease. On entering the house though, we found that the big unit in the living room is filled with the landlord's books etc., and locked. Same with all the attic space, it is apparently filled with stuff, and also locked. Since then we have heard from neighbours that the previous tennant moved out precicely because of this, they had asked the landlord to remove everything, and he refused. I do want to phone him and ask him as well, but I want to know where I stand before I do it. Surely it is in breach of the tennancy agreement (which doesn't mention anything about the house being used for storage by the landlord) - we are after all renting a house, not storage space for the landlord?!
Can anybody please advise?
Thanks a lot,
Karin
We have just recently moved into a new house. When it was first advertised, it said it could be either furnished or part furnished. When I went along to the letting agency to sign the lease, I got told that the furniture that was in there would have to stay after all - which was a bit of a hassle, but since we had already given notice to our old property and had to move out soon, I agreed to this and signed the lease. On entering the house though, we found that the big unit in the living room is filled with the landlord's books etc., and locked. Same with all the attic space, it is apparently filled with stuff, and also locked. Since then we have heard from neighbours that the previous tennant moved out precicely because of this, they had asked the landlord to remove everything, and he refused. I do want to phone him and ask him as well, but I want to know where I stand before I do it. Surely it is in breach of the tennancy agreement (which doesn't mention anything about the house being used for storage by the landlord) - we are after all renting a house, not storage space for the landlord?!
Can anybody please advise?
Thanks a lot,
Karin
42
Karin2011-08-13 09:29:46
Hi Rajeev,
I'm sure you've got a case here, as it states under the postal services act 2000:
Interfering with the mail: general.E+W+S+N.I.This section has no associated Explanatory Notes
(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
I hope this helps!
I'm sure you've got a case here, as it states under the postal services act 2000:
Interfering with the mail: general.E+W+S+N.I.This section has no associated Explanatory Notes
(1)A person commits an offence if, without reasonable excuse, he—
(a)intentionally delays or opens a postal packet in the course of its transmission by post, or
(b)intentionally opens a mail-bag.
(2)Subsections (2) to (5) of section 83 apply to subsection (1) above as they apply to subsection (1) of that section.
(3)A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.
(4)Subsections (2) and (3) of section 83 (so far as they relate to the opening of postal packets) apply to subsection (3) above as they apply to subsection (1) of that section.
(5)A person who commits an offence under subsection (1) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
I hope this helps!
43
Pam2011-08-18 03:42:47
HI,
My landlord is storing his pot in my freezer. We rent his house and he is here every day without notice. We have a fridge on the property by the barn and one day my landlord told me he put some ice in the freezer. I looked a few days later and noticed he has 2 lg bags of pot stored there. He never asked or told me about it. What can I do legally?
My landlord is storing his pot in my freezer. We rent his house and he is here every day without notice. We have a fridge on the property by the barn and one day my landlord told me he put some ice in the freezer. I looked a few days later and noticed he has 2 lg bags of pot stored there. He never asked or told me about it. What can I do legally?
44
karla2011-08-22 09:57:15
ive beeen living in my home with 2 other roommates for almost 3 years now our lanlord keeps comming in are house with out letting us know ive sent him letters to give us 24 hour notice by calling us he still keeps comming over sometimes harrasing us for dum things i want to move out becouse i simply cannot take it any longer not to mention i have a little chuwawa dog whom doesnt like the landlord what so ever so when he comes in my dog goes insane for a good half hour until hes gone my dog has bitten him a couple of times and my landlord kicks my dog unil i can retreive him i want to sue my landlord in small claims court is this something i should consider?
45
Jack2011-09-12 08:00:32
Hi
Over a period of a 16 months my landlord has harrassed me and my partner. We live on the same estate, but our house is completely seperate from theirs. Without going in to the finer details, he finally lost the plot and tresspassed on to our property when we werent there. He admitted it in an email. When I emailed back and told him he couldn't do that, he knocked around our house. Barged his way in, threatened and assaulted me. We phoned the police. They questioned him at the police station, but as there was no evidence of assault, we couldn't press charges for assault. He has still tresspassed though. During the last two months of our tenancy, my girlfriend would not leave the house due to him living just metres away. Is it possible for me to claim against him for tresspass. What is the liklihood of us winning seeing as he has admitted the tresspass? He has also done a number of other things, such as withheld our post, harrassed us for certain payment other than rent plus lots of other things.
Any help and advice would be most appreciated.
Over a period of a 16 months my landlord has harrassed me and my partner. We live on the same estate, but our house is completely seperate from theirs. Without going in to the finer details, he finally lost the plot and tresspassed on to our property when we werent there. He admitted it in an email. When I emailed back and told him he couldn't do that, he knocked around our house. Barged his way in, threatened and assaulted me. We phoned the police. They questioned him at the police station, but as there was no evidence of assault, we couldn't press charges for assault. He has still tresspassed though. During the last two months of our tenancy, my girlfriend would not leave the house due to him living just metres away. Is it possible for me to claim against him for tresspass. What is the liklihood of us winning seeing as he has admitted the tresspass? He has also done a number of other things, such as withheld our post, harrassed us for certain payment other than rent plus lots of other things.
Any help and advice would be most appreciated.
46
Brianna2011-10-03 15:32:36
I stupidly signed a 12 month contract while I was pregnant. After I had my baby, I became aware that there was quite a severe damp problem.
I have had Prokill round and they have said it in inhabitable for a baby to live in. furthermore, the boiler is faulty, we had a plumber inspect it and he told us this. Also, for a baby to be safe, they shouldnt be in an environment hotter than 18 degrees, on a hot day, the upstairs can reach 30 degrees!!! The number one cause of cot death is overheating, Prokill said in their statement that it was "desert like".
So i immediately moved out as it is dangerous for my baby to live there, but my contract isn't up for another 4 months. i have found somewhere else to live, but the landlord is not letting me out of the contract! I think it is disgusting that the landlord expects a baby to live in these conditions! do i have a right to be released from contract? I have rang environmental health but they havent got back to me and i am meant to be moving into my new place in 5 days! Help!I really do not want to go back there!
I have had Prokill round and they have said it in inhabitable for a baby to live in. furthermore, the boiler is faulty, we had a plumber inspect it and he told us this. Also, for a baby to be safe, they shouldnt be in an environment hotter than 18 degrees, on a hot day, the upstairs can reach 30 degrees!!! The number one cause of cot death is overheating, Prokill said in their statement that it was "desert like".
So i immediately moved out as it is dangerous for my baby to live there, but my contract isn't up for another 4 months. i have found somewhere else to live, but the landlord is not letting me out of the contract! I think it is disgusting that the landlord expects a baby to live in these conditions! do i have a right to be released from contract? I have rang environmental health but they havent got back to me and i am meant to be moving into my new place in 5 days! Help!I really do not want to go back there!
47
simon chapster2011-10-25 22:04:30
hi help please,
we have been served an eviction notice by the landlords mortgage lender to get out the property we rent due to landlord not paying his mortgage, we managed to get a 2 month extension with the help of CHAS to help us. I have held my rent back and put to one side so I can use it to put down as a deposit on another property when we find one, but I've had lots of testing e-mails from the landlord demanding payment he obviously wants my money to clear his arrears and I'm stuck as to what to do. I have an estate agent holding my substantial bond, the tenancy agreement was never signed and has run out, the agent holding the bond did so 12 months into the contract as the landlord swapped from the original. I've got untill the 18th december to get out as per banks instructions, landlords harrassing me for rent, I'm unsure I'll get my bond back, what should I do...we do think we have found something else, should I give the landlord notice even if we get repossessed and I'm being forced to find something else at short notice...can I sue for loss of tenancy, can I hold my rent back under extreme circumstances..I have a 4 year old and the prospect of being homeless over the last 4 weeks has been a major stress on my family...any advice out there???
pleeease x
we have been served an eviction notice by the landlords mortgage lender to get out the property we rent due to landlord not paying his mortgage, we managed to get a 2 month extension with the help of CHAS to help us. I have held my rent back and put to one side so I can use it to put down as a deposit on another property when we find one, but I've had lots of testing e-mails from the landlord demanding payment he obviously wants my money to clear his arrears and I'm stuck as to what to do. I have an estate agent holding my substantial bond, the tenancy agreement was never signed and has run out, the agent holding the bond did so 12 months into the contract as the landlord swapped from the original. I've got untill the 18th december to get out as per banks instructions, landlords harrassing me for rent, I'm unsure I'll get my bond back, what should I do...we do think we have found something else, should I give the landlord notice even if we get repossessed and I'm being forced to find something else at short notice...can I sue for loss of tenancy, can I hold my rent back under extreme circumstances..I have a 4 year old and the prospect of being homeless over the last 4 weeks has been a major stress on my family...any advice out there???
pleeease x
48
Keriann2011-10-26 07:22:32
Hi there
we live in a flat above a butcher and have had problems here since day one, the butcher keep moaning about a leak and the plumber came 5 weeks ago to look at the shower and said it was very old and probs need a whole new one, he said he would be back with his boss and they have never came back, I have brought this up with the letting agency who keep ignoring it, also now we have discovered the heating does not work at all, we first thought it was slow cuz it hadn't been on since we moved in but after keeping it on for two days sold it didn't heat up at all, also there a gas fire in the front room but only two bars work which hardly heats anything, the landlord has put the house on the market so says he refuses to fix the heating because it will cost him to much!! I am wondering if we should not pay full rent after all why should we pay for something that don't work
we live in a flat above a butcher and have had problems here since day one, the butcher keep moaning about a leak and the plumber came 5 weeks ago to look at the shower and said it was very old and probs need a whole new one, he said he would be back with his boss and they have never came back, I have brought this up with the letting agency who keep ignoring it, also now we have discovered the heating does not work at all, we first thought it was slow cuz it hadn't been on since we moved in but after keeping it on for two days sold it didn't heat up at all, also there a gas fire in the front room but only two bars work which hardly heats anything, the landlord has put the house on the market so says he refuses to fix the heating because it will cost him to much!! I am wondering if we should not pay full rent after all why should we pay for something that don't work
49
Lily2011-11-07 08:50:16
Hello,
I am seeking advice on how successful I might be if I sue my landlord, the tenancy is through a letting agency but dealing with a private landlord. I am currently 36 weeks pregnant and living with my partner. I have lived in the property coming up to 4 months and my rent has always been on time. First thing to consider, our landlord is incredibly unreliable, verbally and physically. What I mean by this is he will say he will provide something/fix something and doesn't 9 times out of 10 or is unreliable with the time frame. He tends to fob us off and become irritable when we reasonably pursue him. However, this has all recently become incidental but it gives a background to his character. (I have text messaging trails to show communication in where he has lied about services he is willing to provide) - also he broke conditions set out in the tenancy agreement.
Now, we have recently received a letter from a solicitors stating that we are to ring a number and speak to the 'mortgage repossessions dept' as our occupancy of the home 'may be at risk' - naturally this is causing a great deal of undue stress given our situation with regards to my pregnancy. I have been reading around and have seen that when they serve an eviction, it can be postponed for up to 2 months but this would be useless for us practically because I am due in just under a month (which is not to say the baby will come on time) then it becomes Christmas, so a week of trying to find a place becomes lost due to offices being closed etc. then it is all the unnecessary financial burden of all fees associated with renting another place.
I am just seeking advice on what I can do and what avenues to proceed down.
I am seeking advice on how successful I might be if I sue my landlord, the tenancy is through a letting agency but dealing with a private landlord. I am currently 36 weeks pregnant and living with my partner. I have lived in the property coming up to 4 months and my rent has always been on time. First thing to consider, our landlord is incredibly unreliable, verbally and physically. What I mean by this is he will say he will provide something/fix something and doesn't 9 times out of 10 or is unreliable with the time frame. He tends to fob us off and become irritable when we reasonably pursue him. However, this has all recently become incidental but it gives a background to his character. (I have text messaging trails to show communication in where he has lied about services he is willing to provide) - also he broke conditions set out in the tenancy agreement.
Now, we have recently received a letter from a solicitors stating that we are to ring a number and speak to the 'mortgage repossessions dept' as our occupancy of the home 'may be at risk' - naturally this is causing a great deal of undue stress given our situation with regards to my pregnancy. I have been reading around and have seen that when they serve an eviction, it can be postponed for up to 2 months but this would be useless for us practically because I am due in just under a month (which is not to say the baby will come on time) then it becomes Christmas, so a week of trying to find a place becomes lost due to offices being closed etc. then it is all the unnecessary financial burden of all fees associated with renting another place.
I am just seeking advice on what I can do and what avenues to proceed down.
50
Armin2011-11-07 12:08:27
Lily,
What do you want to sue your landlord *for* ?
About the letter you have received ... for all you know it could have been sent by anyone on a fishing expedition. What are its credential that its actually sent by someone who's familiar with th very circumstances of the case? If there are none, ignore it.
Even in the worst case scenario that the mortgage has been recalled by the bank, they can't just kick you out on Christmas eve for your own version of the nativity story. They have to follow a proper procedure and it would be months and months leaving you plenty of time to arrange - and can potentially even be of advantage to you - as you'd get PRIORITY to get council housing. Lots of lowlife queue jumpers abuse the system, they mess with landlords just to get priority upon eviction, but in your case it would actually be appropriate for a change.
So don't be too worried, it will all work out in the end.
Good luck,
What do you want to sue your landlord *for* ?
About the letter you have received ... for all you know it could have been sent by anyone on a fishing expedition. What are its credential that its actually sent by someone who's familiar with th very circumstances of the case? If there are none, ignore it.
Even in the worst case scenario that the mortgage has been recalled by the bank, they can't just kick you out on Christmas eve for your own version of the nativity story. They have to follow a proper procedure and it would be months and months leaving you plenty of time to arrange - and can potentially even be of advantage to you - as you'd get PRIORITY to get council housing. Lots of lowlife queue jumpers abuse the system, they mess with landlords just to get priority upon eviction, but in your case it would actually be appropriate for a change.
So don't be too worried, it will all work out in the end.
Good luck,
51
Michael2011-11-18 19:10:00
Hi there can any1 help?!
I wonder if any1 can answer if I have a claim, I satyed at the property for 2 and a half year, for the past year I have been on about someone fixing this problem but the letting agent didnt even bother coming to see the problem and just kept fobbing me off, I ended up treating and decorating over the dampness but it came back. The dampness didnt help my daughter eczema or my wife asthma but didnt log the dampness issue with docs. I have pictures of the problem, There were other issues needing attending to like the gas oven had a hole in it a should have been condemed, the garge door is hanging off, the place is a death trap unhealthy and unsafe for a family. I ended up having to make a quick decision and vaccate the property asap without notice as i feel the contract was broken by landlord and letting agent for a hole year but were still happy taking 550 a month rent off me. I wrote a letter to the company last nite with pictures of the problem and complaing about how i was treated, if the gas failed the letting agent left it up to me to find a gas man or any other problem..i would say thats there job. can any1 answer my questions if i have a case?
I wonder if any1 can answer if I have a claim, I satyed at the property for 2 and a half year, for the past year I have been on about someone fixing this problem but the letting agent didnt even bother coming to see the problem and just kept fobbing me off, I ended up treating and decorating over the dampness but it came back. The dampness didnt help my daughter eczema or my wife asthma but didnt log the dampness issue with docs. I have pictures of the problem, There were other issues needing attending to like the gas oven had a hole in it a should have been condemed, the garge door is hanging off, the place is a death trap unhealthy and unsafe for a family. I ended up having to make a quick decision and vaccate the property asap without notice as i feel the contract was broken by landlord and letting agent for a hole year but were still happy taking 550 a month rent off me. I wrote a letter to the company last nite with pictures of the problem and complaing about how i was treated, if the gas failed the letting agent left it up to me to find a gas man or any other problem..i would say thats there job. can any1 answer my questions if i have a case?
52
K&T2011-11-28 18:44:57
Hi there, I was wondering if you could help us. Our claim has been allocated in the small claims track. We were meant to provide the court and the landlady with 'signed statements setting out the evidence of each party and of all witnesses on which each party intends to rely.' We haven't done it in time (28 days prior to the hearing). Do you know what happens now?
Many thanks in advance.
Many thanks in advance.
53
Benji2011-11-28 19:12:12
K&T,
Do it now and hand deliver to the court first thing. If there is a reason for your failure to respond let the court know.
The court system is so inefficient you will usually get away with it as a case review will not have been done yet.
Do it now and hand deliver to the court first thing. If there is a reason for your failure to respond let the court know.
The court system is so inefficient you will usually get away with it as a case review will not have been done yet.
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E.T.2011-12-24 01:38:50
Well.. I left a couple of comments on another of your posts a year or so back prasing my landlord for being generally reasonable, laissez-faire and so forth- and here I am reading this post! The bastard decided to claim ££425 to repair damage done to the property before I moved in, which was reduced to £300 by the other bastards at the council, so now I am considering raising arguments regarding the toxic mould and damp problem in the kitchen as a mitigatory measure- I think it would probably cost him more than the amount he is demanding/his rental career is worth to get the mould probelm sorted or risk having the property declared hazardous by EHO and being fined for it. The cunt :(
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Paris Jones2012-01-15 14:14:16
I have been looking for help with my problem on every site i come across, hopefully someone here could help me. I am a wife with 2 children and expecting we recently moved into an apartment and after move in we quickly realized it had a serious bug problem. We notified management and made many complaints but when there are bugs in an apartment I dont think there is a way of getting rid of them. So when it came time for the next months sent to be due Dec 1st we werent sure of what to do. It was pay the rent and be stuck there or get out and stay in a hotel until we could find somewhere else. We chose the latter. We let the management know what we were doing and why and that it should not take us longer than a month to get our things out. We left on the 8th of dec which was the 3rd day of our 3 day notice to vacate givin on the 5th for late rent, letting you know how much rent will be after the court fee of filing. We have to continue to come back because we have to cats to feed and to check for any further
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Paris Jones2012-01-15 14:43:57
Continued... Check for any further notices and there were never any. our last time returning was jan6th which was to finally move our things because we had the keys to a new place. I pulled up to a completely empty apartment. They threw absolutely everything we owned in the dumpster. All we took to the hotel with up was a few outfits. Every thing my family has had together, photo albums, home videos just the things you would have sentimental to you as a mother. I have the crib blankets from when i was an infant. My daughter room was furnished with painted furniture from when i was 4 so many things that totally trump anything else being trashed. No notice, no court, no eviction process. How could they do this? I am going to court, but do I have a case. The manger told me it wasnt his responsibility to notify me. I have been so depressed about this and really need help. I dont know if I can make it back to this particular site, if not and someone could give me advice please email me. paris.jones36@yahoo.com
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Cardifflandlord2012-01-16 12:02:37
@ParisJones. Hi Paris. From your writing style I assume you are from the USA? This site deals with issues from the UK and I don't think anyone here will be able to assist you in this instance either.
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Paris Jones2012-01-16 14:16:30
Well regardless of my writing style and place of birth I still think it could be helpful to hear something, maybe you could tell me how it would happen in your country if someone was dealing with the situation that I am. A person where abouts in this world dont stop or limit a discussion.
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Armin2012-01-16 15:16:25
Paris,
Sue your ex-landlord if you think you have a case. You have a legal dispute, so that's pretty much all anyone can advise.
It sounds like a complicated scenario. You say that the place was not fit for habitation. Your landlord will probably say you broke the terms of the contract (reading between the lines it sounds you didn't abide to a notice period) and then each side will dispute whatever the other party will say and it becomes a case of "he said she said" with the judge having to make sense of it all. Sounds protracted and expensive.
Here in the UK there are some very clear and concise laws in place to govern all this. For example your tenancy doesn't actually end until you have officially surrendered the property, which means until you hand back the keys and all bills are paid (and perhaps even sign a document), you're entitled to use the property within the rights of a tenancy but you're also legally obligated to pay the agreed rent for it.
Here in the UK you'd have been illegally evicted, which is a criminal, not civil, offense, thus quite serious for the landlord. But a clued-up landlord would not have thrown out your items. They'd have charged rent until the day your had completely moved out then pursued you in court for the remaining amount if your deposit wasn't enough.
Good luck to you.
Sue your ex-landlord if you think you have a case. You have a legal dispute, so that's pretty much all anyone can advise.
It sounds like a complicated scenario. You say that the place was not fit for habitation. Your landlord will probably say you broke the terms of the contract (reading between the lines it sounds you didn't abide to a notice period) and then each side will dispute whatever the other party will say and it becomes a case of "he said she said" with the judge having to make sense of it all. Sounds protracted and expensive.
Here in the UK there are some very clear and concise laws in place to govern all this. For example your tenancy doesn't actually end until you have officially surrendered the property, which means until you hand back the keys and all bills are paid (and perhaps even sign a document), you're entitled to use the property within the rights of a tenancy but you're also legally obligated to pay the agreed rent for it.
Here in the UK you'd have been illegally evicted, which is a criminal, not civil, offense, thus quite serious for the landlord. But a clued-up landlord would not have thrown out your items. They'd have charged rent until the day your had completely moved out then pursued you in court for the remaining amount if your deposit wasn't enough.
Good luck to you.
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Paris Jones2012-01-16 15:31:01
The exact same rules apply here. There has to be a legal eviction process which did not happen in my case and I do agree with the tenant sticking to the terms of the lease but the landlord signs the lease also and has certain duties to uphold as well. The only difference here unfortunatley its considered a civil matter.
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K&T2012-01-16 15:42:48
to Benji: I did what you said and it was fine. We won! Thanks a lot.
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berty2012-01-18 21:25:06
hi
i am renting a room in a shared house,but there is a leak, before i moved in they said it was sorted just not painted over. i was just wondering am i legally able to not pay rent until it is sorted
i am renting a room in a shared house,but there is a leak, before i moved in they said it was sorted just not painted over. i was just wondering am i legally able to not pay rent until it is sorted
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Armin2012-01-18 23:04:35
Berty,
You can feasibly negotiate with your landlord for a lower rent while you're impaired in your ability to enjoy your share of the tenancy.
But withholding your part of the rent will result in you being asked to leave, you still having to pay all the rent and you not getting a good reference from your landlord for any future landlords.
You can negotiate for lower rent, but if you don't get anywhere with your landlord in that regard, then your only recourse is either going to court or leaving.
You can feasibly negotiate with your landlord for a lower rent while you're impaired in your ability to enjoy your share of the tenancy.
But withholding your part of the rent will result in you being asked to leave, you still having to pay all the rent and you not getting a good reference from your landlord for any future landlords.
You can negotiate for lower rent, but if you don't get anywhere with your landlord in that regard, then your only recourse is either going to court or leaving.
64
mariana2012-01-22 20:01:57
hy. i have a similar problem. i moved in a studio, a month ago, and there was serious leakage for a week. i made photos and video, but really 7 days till the landlord came and fixed it. finally i asked for a compensation, very difficult and he agreed not to pay rent for that week. then he said the problem is fixed... today again i had a leak, i made a movie, its leaking on my stuffs laptop and ipad... i dont know what to do, as i dont want to stay here anymore based on all this inconvenience.... ? how can i leave?
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Elain2012-01-29 20:58:45
Hi,
Another call for advice/help...
My husband and I (and our two dogs!) moved into an AST property on a 6 month contract. Two months after moving, a pipe burst in the bathroom and flooded the house quite dramatically. Water poured right through to the kitchen (it was essentially raining indoors). All the electrics had tripped, the carpets were saturated etc.
The house was then without electric (except for a couple of sockets that were necessary for the industrial dehumidifer to dry the property) for three weeks whilst everything dried.
We had no way of cooking hot food, had to blindly negotiate around a dark house (this happened in Nov 2011), and cope with the loud irritation of the dehumidifer.
Over the following months, we then lived in the property whilst building work was carried out (i.e. replacing the kitchen ceiling and floor, retiling the bathroom etc.).
Throughout this time, we remained reasonable tenants. We continued to pay the full rent (£675) on time and ensured the house was accessible to the builders.
Once the work was completed, we approached the letting agent with a request for a rental refund, and contribution to the electric used by the dehumidifier, since the flood was not our fault. The landlord responded that he would not pay any rent back to us, but to forward the electric bill when we receive it (although he hasn’t confirmed whether he will actually pay any of it!). We replied along the lines that we were disappointed by his answer, and felt that a refund of £600 paid over 3 months would be fair. This too was rejected.
The landlord asked if we wanted to renew our contract, but we said we'd like it to move to a rolling month-by-month contract. His response to this was to serve us notice to leave. We appreciate this is well within his rights since it is the legal end of the contract.
We have asked the letting agent to find out if the landlord would let us stay if we renew a full 6 months, which we'd rather not, but at least it's better than the panic of having to suddenly move in two months after living in a less than satisfactory house.
I would just like to know whether it's worth going down the small claims route, since we were paying full rent for a property that was not in the condition we signed the contract, and the AST agreement implies the landlord is contractually obliged to refund rent if the house or part of the house is destroyed/rendered uninhabitable.
Also, I wondered if you can change the amount you claim from the initial email (i.e. we asked for £600, but on hindsight we think this may be conservative - we don't want to be greedy, but we also don't see why we should be expected to pay full rent in this situation)?
Anyway, I will end it there, since this is turning out to be a bit of an essay! Any help would be appreciated.
Another call for advice/help...
My husband and I (and our two dogs!) moved into an AST property on a 6 month contract. Two months after moving, a pipe burst in the bathroom and flooded the house quite dramatically. Water poured right through to the kitchen (it was essentially raining indoors). All the electrics had tripped, the carpets were saturated etc.
The house was then without electric (except for a couple of sockets that were necessary for the industrial dehumidifer to dry the property) for three weeks whilst everything dried.
We had no way of cooking hot food, had to blindly negotiate around a dark house (this happened in Nov 2011), and cope with the loud irritation of the dehumidifer.
Over the following months, we then lived in the property whilst building work was carried out (i.e. replacing the kitchen ceiling and floor, retiling the bathroom etc.).
Throughout this time, we remained reasonable tenants. We continued to pay the full rent (£675) on time and ensured the house was accessible to the builders.
Once the work was completed, we approached the letting agent with a request for a rental refund, and contribution to the electric used by the dehumidifier, since the flood was not our fault. The landlord responded that he would not pay any rent back to us, but to forward the electric bill when we receive it (although he hasn’t confirmed whether he will actually pay any of it!). We replied along the lines that we were disappointed by his answer, and felt that a refund of £600 paid over 3 months would be fair. This too was rejected.
The landlord asked if we wanted to renew our contract, but we said we'd like it to move to a rolling month-by-month contract. His response to this was to serve us notice to leave. We appreciate this is well within his rights since it is the legal end of the contract.
We have asked the letting agent to find out if the landlord would let us stay if we renew a full 6 months, which we'd rather not, but at least it's better than the panic of having to suddenly move in two months after living in a less than satisfactory house.
I would just like to know whether it's worth going down the small claims route, since we were paying full rent for a property that was not in the condition we signed the contract, and the AST agreement implies the landlord is contractually obliged to refund rent if the house or part of the house is destroyed/rendered uninhabitable.
Also, I wondered if you can change the amount you claim from the initial email (i.e. we asked for £600, but on hindsight we think this may be conservative - we don't want to be greedy, but we also don't see why we should be expected to pay full rent in this situation)?
Anyway, I will end it there, since this is turning out to be a bit of an essay! Any help would be appreciated.
66
John2012-02-02 17:23:16
Can I draw your attention to a post we are putting out - we would love to hear from you...
TwoFour broadcast is looking for long suffering TENANTS who have the LANDLORD FROM HELL. Are you spending the winter with heating that doesn’t work? Does your landlord not respond to your cries to fix the leaking roof, the damaged and life threatening gas boiler or the ancient plumbing? Is your landlord simply a bully who makes your life miserable?
Here at TwoFour Broadcast we are creating a brand new series dedicated to challenging the wayward, negligent and downright criminal landlords that are making their tenants lives a misery.
If this is YOU please get in touch. We would love to hear about you stories of the nation’s worst LANLORDS FROM HELL. Please get in contact with john.coffey@twofour.co.uk or by calling 0207 438 1949
We are a leading UK broadcaster having recently produced Educating Essex for Channel 4, The Story of Musicals and Harry’s Arctic Heroes for the BBC.
Check out our showreel at www. twofourbroadcast .co.uk
TwoFour broadcast is looking for long suffering TENANTS who have the LANDLORD FROM HELL. Are you spending the winter with heating that doesn’t work? Does your landlord not respond to your cries to fix the leaking roof, the damaged and life threatening gas boiler or the ancient plumbing? Is your landlord simply a bully who makes your life miserable?
Here at TwoFour Broadcast we are creating a brand new series dedicated to challenging the wayward, negligent and downright criminal landlords that are making their tenants lives a misery.
If this is YOU please get in touch. We would love to hear about you stories of the nation’s worst LANLORDS FROM HELL. Please get in contact with john.coffey@twofour.co.uk or by calling 0207 438 1949
We are a leading UK broadcaster having recently produced Educating Essex for Channel 4, The Story of Musicals and Harry’s Arctic Heroes for the BBC.
Check out our showreel at www. twofourbroadcast .co.uk
67
Jeremy2012-02-02 22:23:42
And as a landlord who looks after his tenants very well, my heart just sinks. So no editorial balance there, then. Just a programme full of landlord bashing which will give the average person in the street the idea that all landlords are money grabbing scum, so it's perfectly acceptable to skip rent, damage the property, etc because, hey, it's OK, you're only shafting a scumbag who deserves it.
What about if us landlords made a programme about some bone idle journalists, with no idea of balanced reporting who just picked on some hard working people and demoinised them for the titilation of others.
Please don't reply to this post to point out there are great tenants / bad tenants / bad landlords / great landlords. I know that. And that's not my complaint. Bet this programme won't give that balance at all.
What about if us landlords made a programme about some bone idle journalists, with no idea of balanced reporting who just picked on some hard working people and demoinised them for the titilation of others.
Please don't reply to this post to point out there are great tenants / bad tenants / bad landlords / great landlords. I know that. And that's not my complaint. Bet this programme won't give that balance at all.
68
loulou2012-02-03 03:14:01
Jeremy, as a good Landlord, you have nothing to worry about.
Why attack journalists for wanting to highlight a problem that exists?
Unfair treatment is not balanced so how do you report it?
There will be thousands of people around the country who have bad Landlords,this programme will expose those particular individuals and it will not tar all with the same brush.
Remember the "TENANTS FROM HELL" Tv programme?
You will always have tenants to rent your house, nobody will be put off renting your property after watching this programme!
Why attack journalists for wanting to highlight a problem that exists?
Unfair treatment is not balanced so how do you report it?
There will be thousands of people around the country who have bad Landlords,this programme will expose those particular individuals and it will not tar all with the same brush.
Remember the "TENANTS FROM HELL" Tv programme?
You will always have tenants to rent your house, nobody will be put off renting your property after watching this programme!
69
loulou2012-02-03 03:19:17
Unless you are one of the Landlords who end up on this programme...
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Jeremy2012-02-03 19:52:31
Hello LouLou,
Thanks for replying. Are you working with TwoFour, or someone with an interest? If you are a TwoFour employee then thanks for confirming you're not going to tar all landlords as being bad. That's good of you.
I don't want to give the wrong impression over what I'm annoyed about. I am not annoyed about exposing bad landlords, if fact that's a really good thing. I'm annoyed at the probability that the format will be something like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The enduring image is of some dodgy looking bloke scarpering off in a big old jag.
Ask the casual viewer to summarise the half hour programme in one sentance and you'll get "All Landlords are scum".
But if the format was more like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- The programme's resident good landlord confirms this is atrocious treatment; tells landlords what they should do if they get this problem and tenants what to do to make their landlord act;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The people who are being effected by similar problems may be empowered to act, which would be a really good thing for them. I think some of the "bad" landlords out there will be just plain ignroant / scared of doing building maintenance: They got into the industry thinking it was all about taking rent and now they need a wake up call.
No, I missed the Tenants From Hell programme. Is any channel repeating it now? Was that TwoFour, to?
I think I've got more chance of flying to the moon than ending up on Landlords From Hell, but I'm not going to use this post to blow my own trumpet as to why.
Thanks for replying. Are you working with TwoFour, or someone with an interest? If you are a TwoFour employee then thanks for confirming you're not going to tar all landlords as being bad. That's good of you.
I don't want to give the wrong impression over what I'm annoyed about. I am not annoyed about exposing bad landlords, if fact that's a really good thing. I'm annoyed at the probability that the format will be something like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The enduring image is of some dodgy looking bloke scarpering off in a big old jag.
Ask the casual viewer to summarise the half hour programme in one sentance and you'll get "All Landlords are scum".
But if the format was more like:
- Lots of pictures of some awful conditions;
- A dub-over commentary giving the back story;
- Interview with tenant, so we can see just how much misery the landlord's heaped on them;
- The programme's resident good landlord confirms this is atrocious treatment; tells landlords what they should do if they get this problem and tenants what to do to make their landlord act;
- Doorsetp the Landlord, who tries to escape the camera crew shoving a microphone under his nose.
The people who are being effected by similar problems may be empowered to act, which would be a really good thing for them. I think some of the "bad" landlords out there will be just plain ignroant / scared of doing building maintenance: They got into the industry thinking it was all about taking rent and now they need a wake up call.
No, I missed the Tenants From Hell programme. Is any channel repeating it now? Was that TwoFour, to?
I think I've got more chance of flying to the moon than ending up on Landlords From Hell, but I'm not going to use this post to blow my own trumpet as to why.
71
CrystalTip472012-02-03 22:01:58
I have been in my private rented property for nearly 4 years now. Upon my first rent renewal contract, I asked the lettings agents if the landlord could replace the large window at the front of the house as it was rotting away, and I had a really bad winter that it cost me the earth to warm up the house. The response to this was "oh yes, we will mention it to him" - it is now nearly 3 years on since I asked and I am still waiting! I go in every month with the rent, in the hope they get fed up of me asking, but it hasn't worked. I went to CAB and they told me to get in touch with the council, and that they could do it if they think it needs doing, but to be warned that the landlord could evict me - charming! I have lost the will and desire to do anything to the house now and it's looking pretty shabby and I am spiralling into depression, which is not in my nature. It hurts to keep warm, I am constantly filling hot water bottles to keep me warm. I am also using a gas/electric meter as the 1st winter in the house got me in to debt, so I'm counting the pennies as I try to keep warm. The landlord has been to my property twice to measure the windows and doors but nothing happened. I have just had a security door taken off so they can measure up again, it is now even colder till he comes to measure up. Where do I stand on this?
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