Do courts accept linking damages to unpaid rent?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Do courts accept linking damages to unpaid rent?

    Hi guys.
    Just wondering what experience you have of whether courts usually accept that damage counter claims can be made against unpaid rent claims? I thought there was no provision in law to withhold rent for damages, so shouldn't the court order that any damanges claim would have to be a claim in it's own right - not a counterclaim?

  • #2
    Its what is known as an offset claim. If you owe someone £100 rent and you claim that this same person owes you a figure of damages which you assess as £50, then you can set that off against what you owe him.

    A court, if it agrees with you would make the same provisio.


    • #3
      Thanks, David


      Latest Activity


      • When do tenants' requests go too far?
        Tenants moved in at the beginning of the year and have issued a stream of requests/demands since then, the main ones being

        - After signing the contract but before moving in, requesting that I change the wallpaper in one room as they decided they didn't like the colour
        - Asking to...
        12-07-2017, 16:46 PM
      • Reply to When do tenants' requests go too far?
        If you trust the tenant I would allow them to decorate upon approval. To agreed specifications and at THEIR EXPENSE. This improves the property and keeps them happy. I have had this happen, new paint colour in lounge. More difficult in your case with a new tenant so I would have said wait and see....then...
        23-08-2017, 11:18 AM
      • Private letting advice
        My partner and I have recently moved into a private let with our 7 month old son.
        now the flat was in a right state when we moved in - bathroom hadn't been cleaned, kitchen was a mess, oven absolutely caked in grease from the previous tenant (it still is, I refuse to clean it so I'm just not...
        23-08-2017, 08:28 AM
      • Reply to Private letting advice
        Wannadonnadoodahl - a few of the issues were noticeable when we moved in, however the landlord reassured us they would be dealt with within a week or two, its now been 6 weeks

        JK0 - we aren't on any benefits, we both work and have been full rent of £150 a week, which feels like robbery...
        23-08-2017, 11:05 AM
      • Reply to Private letting advice
        Not sure if you have a gas cooker or not. Either way, please check that you have a valid Gas Safe certificate. You do not mention the boiler but given the other issues, I hope this is safe for you.
        You may wish to ask for a PAT on any electrical items.

        Not sure why you moved in given...
        23-08-2017, 11:02 AM
      • TT not leaving
        A friend of mine (LL) rents his property through an agent and has asked them to get the tenant out as he's coming back to live in it. The agent served a S21 notice which is due to expire soon (we'll check, but for the purposes of this post assume that everything has been served correctly and the notice...
        23-08-2017, 09:00 AM
      • Reply to TT not leaving
        Darth Wookie
        The tenant may be 'morally' in the wrong, but is legally in the right. They have no outright legal obligation to leave at the end of the tenancy agreement, which can only be truly ended by the court. In essence, the court are the 'adjudicators' of the contract and decide whether to enforce it or not....
        23-08-2017, 09:43 AM
      • Reply to TT not leaving
        The current tenancy continues until the landlord has recovered possession (or the tenant serves notice) so there's no danger of a new one coming into being accidentally .

        The tenant is awarded costs if they lose, which is pretty standard in legal cases. If the landlord loses the case, the...
        23-08-2017, 09:38 AM
      • Reply to TT not leaving
        Ok, thanks. This seems to imply that the tenant is in the wrong by not leaving then.

        The notice might as well say, "you don't have to leave when this notice expires, but you'll have a large legal bill if you don't."

        Thanks again.

        Is this...
        23-08-2017, 09:19 AM
      • Reply to TT not leaving
        The landlord can carry on accepting rent, which is due until the tenancy ends.

        The tenant has every right to stay, as the landlord's notice doesn't actually end the tenancy. To bring the tenancy to an end, the landlord will need to go to court. If the landlord is successful, the tenant...
        23-08-2017, 09:12 AM