Rent Arrears, getting taken to court

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    Rent Arrears, getting taken to court

    Hi

    Advice needed please!!
    I was a tenant in a privately rented house from 23rd August 2008 to 26th November 2009.
    At the time I took on the tenacy I was a full time well paid job which I had been in for 8 years. I kept up with my rent, when out of the blue I lost my job. Thus, I had to claim benefits including HB and CTB.
    Because of the loss of my job I ended up exceeding my overdraft, which meant my bank account overdraft was being eaten up by my HB.

    I was in something like 3/4 months arrears now so arranged for the HB to be paid directly into my landlords bank account.

    He is now taking me to court for arrears of £4257.63 plus £100 costs.
    I have no chance of paying that sort of money back. I am back working but only part time earning £90 per week as a self employed energy asessor.

    He is also claiming costs for "expense incurred by me to bring the property back to a lettable state".......This from a landlord who promised that the wallpaper falling of the ceiling in the kitchen would be sorted....the ROTTEN front door would be replaced. None of this materialised and the glass pane actually ended up smashing when I shut it one day.
    To make matters worse, 2 pigeons flew into the bathroom window smashing that as well. I never had either glass replaced, due to the property being in a very dated state of decor and the rotten door and windows.

    One other thing is that on the tenancy agreement, he uses a different christian name to the one he has used on the claim form.

    Will this effect my case?

    Im a single parent and have no chance of paying the amount of money back he is claiming.

    Please help.

    #2
    If the two pidgeons are willing to give evidence on your behalf you may get some consideration.

    Comment


      #3
      Originally posted by jaydumphreys View Post
      Hi

      Advice needed please!!
      I was a tenant in a privately rented house from 23rd August 2008 to 26th November 2009.
      At the time I took on the tenacy I was a full time well paid job which I had been in for 8 years. I kept up with my rent, when out of the blue I lost my job. Thus, I had to claim benefits including HB and CTB.
      Because of the loss of my job I ended up exceeding my overdraft, which meant my bank account overdraft was being eaten up by my HB.

      I was in something like 3/4 months arrears now so arranged for the HB to be paid directly into my landlords bank account.

      He is now taking me to court for arrears of £4257.63 plus £100 costs.
      I have no chance of paying that sort of money back. I am back working but only part time earning £90 per week as a self employed energy asessor.

      He is also claiming costs for "expense incurred by me to bring the property back to a lettable state".......This from a landlord who promised that the wallpaper falling of the ceiling in the kitchen would be sorted....the ROTTEN front door would be replaced. None of this materialised and the glass pane actually ended up smashing when I shut it one day.
      To make matters worse, 2 pigeons flew into the bathroom window smashing that as well. I never had either glass replaced, due to the property being in a very dated state of decor and the rotten door and windows.

      One other thing is that on the tenancy agreement, he uses a different christian name to the one he has used on the claim form.

      Will this effect my case?

      Im a single parent and have no chance of paying the amount of money back he is claiming.

      Please help.
      Even if the LL wins his claim, he must enforce it. If you have no money, you cannot pay it all in one go. Your LL can apply for an attachment of earnings order against you and the judge can determine an amount you must pay week by week until the debt is cleared. This is usually based on your income and ability to pay, so it might be quite small. I doubt if the discrepancy in his name will make any difference as the tenancy clearly existed and was not dependant on a written tenancy agreement in any case (a tenancy can be granted orally).
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Originally posted by mind the gap View Post
        Even if the LL wins his claim, he must enforce it. If you have no money, you cannot pay it all in one go. Your LL can apply for an attachment of earnings order against you and the judge can determine an amount you must pay week by week until the debt is cleared. This is usually based on your income and ability to pay, so it might be quite small. I doubt if the discrepancy in his name will make any difference as the tenancy clearly existed and was not dependant on a written tenancy agreement in any case (a tenancy can be granted orally).
        I also rented the house with a garage....He had a lot of things stored in there, old washer, dryer, two fridges, prams.....amongst other things. He said he would remove them so I could use the garage as a garage ie put my car in.....he never came for any of the things in it so I was left to leave my car on the drive.

        Comment


          #5
          You can reply to his claim by giving all the above details but you will have to prove them...
          Unshackled by the chains of idle vanity, A modest manatee, that's me

          Comment


            #6
            You say that the bank has been eating up your HB via the overdraft? I was under the impression that the banks aren't allowed to take benefits like this. It might be worth contacting your bank to explain the situation/complain.

            Try citizen's advice they are brilliant and free. You'll have to go down to your local branch and queue for a while but believe me it is worth the wait.

            Comment

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