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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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Hi, My landlord from over a year and a half has sent me

Customer Question


My landlord from over a year and a half has sent me letter asking for outstanding rent as I left the property 3 months before the 6th month was up.

The reason why I had left was due to the following reasons.

During my three months at the property (which was shared amonst 6 people) I had to call the police out at least 7 times due to one of the tenants anti social behaviour ranging from playing music extremely loudly to threatening myself.

The last 2 weeks of my stay at the property I was physically attacked by this resident who was subsequently arrested later that night. Whilst at work a few weeks earlier to this incident my room was broken into and several items were stolen including a brand new television and games console,

When I contacted the letting agency about these incidents I was told that there was little they could do and were attempting to have the tenant evicted however this would take several months.

After being attacked by the said tenant I rang the agency and told them that after all that had happened in the last few months I no longer felt safe in the property and needed to move. I was advised that they did not have anywhere to move me so I told them I had no option but to leave.

Can you please help me with this matter as I find it absurd that almost 2 years later and after what happened he feels that he can take me to court to reclaims monies.

Thanks *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Are you asking if you have a defence?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.

If you were on an AST and you did not give proper notice then Im afraid you are liable for something at the very least.

Its very hard to escape an AST.

If you had reported this conduct to your landlord and he had failed to act then it might be possible to argue that he had failed to prevent harassment but that is not what happened here.

The landlord is under a duty to mitigate his loss by seeking another tenant to replace you. If he was able to do so then you are only liable up until the time he took over.

I'm very sorry but thats your position I'm afraid.

Can I clarify anything for you?

Customer: replied 2 years ago.

So are you telling me that despite me having the police out on at least 7 occasions and ringing the landlord telling them this. Despite being robbed by one of the tenants and later attacked I am not allowed to leave a property?

Expert:  Jo C. replied 2 years ago.
Yes, thats right.

I'm afraid you are trying to visit the misconduct of the other tenants upon the landlord and he is not liable.

If the police had attended and charged any person then they would have been given bail with conditions not to return anyway. Merely summonsing the police does not evidence a crime I'm afraid and certainly not one that allows escape from an AST.

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