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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 903
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My son passed away 3 years ago, leaving a wife and 3

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My son passed away 3 years ago, leaving a wife and 3 young children. As you can imagine it’s been debating. My daughter in law has moved house a few times in order to be nearer us for support. The last property she rented was over a 12 month contract which would have finished in March 20. However, she gave a months notice and left the property after 9 months, during this time she was constantly hounded and harassed, by lengthy emails around 3 to 4 times a week at times. He wanted to inspect the property every 6 weeks which seemed a bit excessive. and pressurised her to fit into his demands although she was trying to work to support the children. She couldn’t cope with this man to the point she was suffering from PTSD and anxiety. She saw her doctor who supported her and she eventually had to give up her job. She has now received a small courts claim on behalf of the landlord for £2800 for rent up till March. As there was no break in the tenancy
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: No she hasn’t spoke to a lawyer yet. We live in Newcastle upon Tyne, England. The children are suffering badly and so is she as if they haven’t been through enough. She felt compelled to move from the property due to the landlords constant harassment. Can you please advice what she can do now. She has saved all the emails. Thank you
JA: What steps have you taken so far?
Customer: She has just received the court claim 2 days ago. She hasn’t take any. Steps yet but she’s desperate to know what to do. She is also struggling financially and has not got the funds to pay that kind of money. Please help.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: She has spent money to improve the property while she was living there, ie, plastering and decorating with his consent. There was repairs needed doing ie, internal doors needed replacing, then he changed his mind about doing them eventually having them repaired. There was other problems over work in the garden. It just went on and on.

Hello my name is Ross and I can help with this matter. Do you possibly have a copy of your daughter in law's lease agreement?

Customer: replied 8 days ago.
No I’m sorry I haven’t and she can’t find it with moving house
Customer: replied 8 days ago.
I can’t talk to you at the moment.

You can ignore the phone call request as it is automatically generated by the website. Firstly, you will want to check the lease. Usually there is a break clause in the lease which means you can give one months notice after a period of 6 months. If this is the case then you have nothing to worry about. All you will need to do is show the judge this. However, lets assume there is no break clause. If your daughter has paid for repairs (not superficial) then these should really have been paid by the land lord and therefore can be decucted from the amount he is seeking. Secondly, if the landlord was harassing her, then you can take the approach that this harassment amounted to a breach of contract and therefore she decided to terminate the contract due to this breach, if this is shown to be the case then he cannot claim against her for the remainder of the balance, however you will have to show that he did actually harass her (even if she believed his actions to be harassment due to her mental health ailmennts). If he has raise court action you will have to defend it. Don't let this panic you, the worst case scenario would be for the judge to find in the landlords favour and she would have to pay the balance. If she does not have the means to pay it then you can make arrangements to pay it up over time. However, you can defend the case using all of the above defences, it will be up to you to put together your own evidence to defend the matter. You can, of course, hire a solicitor if you want to however, if not then you can defend this yourself just ensure that you gather as much evidence as you can to support your defence. You can also use all of the defences you don't need to chose just one.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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