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John
John, Solicitor
Category: Law
Satisfied Customers: 1894
Experience:  10 years legal experience
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I have had numerous problems with my landlord and he has

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Hi
JA: Have you spoken to an attorney about this?
Customer: I have had numerous problems with my landlord and he has breached a few clauses in the contract.
JA: What other steps have you taken so far?
Customer: I have tried communicating with him and he has only harassed further..
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My contracts ends in September and I have paid all until Mid May. I wanted to see what next steps to take.
JA: OK. I'm sending you to a secure page to join JustAnswer. While you're filling out that form, I'll tell the Expert about your situation and then connect you two.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can.  I may also need to ask you some clarifying questions to determine the legal position.

Thanks for your message, I appreciate it is important to you. How is it I can help you today?

Customer: replied 7 days ago.
I have sent my landlord an email including all the points and reasons for leaving. I have attached a pdf version of the email to the files section. I will be vacating the flat on the 10th June and will leave the country for a month and a half. Would be great please to speak to you soon.

Thanks for the information. What is it, specifically, that you would like to know about this please?

Customer: replied 7 days ago.
Would it be fine to attach the email John?

Yes sure, you can upload documents using the paperclip symbol in the top right of the tool box, explanation here https://www.justanswer.com/help/how-do-i-send-photo-or-file-expert

But please, also let me know how it is I can assist you, thank you

Customer: replied 7 days ago.
I want to check with all the mentioned issues and based on my situation, can he still take me to court and all the way to CCJ (he is threatening with that) for the remainder two and a half months?
Customer: replied 7 days ago.
Hope I make sense
Customer: replied 7 days ago.
This is the email I sent him and he has not responded. I am leaving the flat this week. Have paid all my rent upto 19th May and if he keeps my five weeks deposit, I only have two and a half months outstanding.
Customer: replied 7 days ago.
Until the 19th Sep. What are the chances for him to take me to court and if this happens, how strong are my grounds?
Customer: replied 7 days ago.
Many thanks!! I am really worried with all his threats and just want to see where I stand and what I need to do.

Thanks for your message. Just to clarify, you have a contract in place until September 2021. But you wish to leave the contract earlier and stop paying rent from June, due to the issues outlined in your email? And you are asking if he can take you to court for the outstanding arrears? Is this correct?

Customer: replied 7 days ago.
exactly.
Customer: replied 7 days ago.
I have stopped paying from 19th May. Meaning I have four months. My deposit covers five weeks. Hence, if you deduct that, two and a half months will remain. He has caused me so much distress and my work contract ended end of May. I am just so stressed that have found it difficult focusing on sending out applications..

Ok, thank you. I appreciate the issues you are going through and set out my advice as follows.

The bottomline with any issues when it comes to tenancy contract, is that rent is always payable despite the issue. It is a legally binding contract, so to address your question directly then yes you can be taken to court for rent arrears.

However, notwithstanding that, if there are issues you have concerns with then you in turn can take the landlord to court for those issues if it relates to the property and the conditions therein. Section 11 of the Landlord and Tenant Act 1985 provides for certain circumstances when a landlord has a duty to repair a property and, when they do not do so, damages or compensation can be recovered.

Going forward it will be a matter of negotiation, if the landlord wants to offset the outstanding rent payment to your potential claim against him for his failure to abide by the contract, but ultimately if he does not, then he can still sue you for rent arrears I'm afraid

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 7 days ago.
Many thanks John. So to clarify, at the end of the day, I do have the opportunity to respond and is a two side story and I do get the chance to counter claim?

Yes, if the landlord has breached his obligations, you have a chance to respond but that is outside the tenancy agreement itself which is legally binding. So practically, you could discuss with the landlord that due to his failure to abide by his obligations under the landlord and tenancy act you have a remedy to sue him in court. But you are willing to not do this, if he agrees you can exit the contract early. Negotiate with him and see what he says, then take it from there. Make sure everything is in writing.

I hope this helps. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Customer: replied 7 days ago.
Many thanks again. I have sent him an email (the one I sent to you too). He just has not responded. He usually also refuses to put things in writing and to be honest I do not want to call him as he is very rude and disrespectful.
Customer: replied 7 days ago.
Is it fine to send him the keys on the 10th with registered post?

Please keep in mind, if the landlord's behaviour is not meeting standards expected you can report him to your local council https://www.gov.uk/find-local-council

If you intend on proceeding and sending the keys, then it would be sensible to do so by regstered post, yes.

Customer: replied 7 days ago.
I have already spoken to council. They are looking at it and will get back. They are a bit slow but I have done so. Good to know thanks.
Customer: replied 7 days ago.
Ok. Will send by registered post. Thank soo much John. Much appreciated.

Perfect. I am glad I was able to help. Have a great day.

Customer: replied 7 days ago.
You too. Thank you.

Thank you

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