Landlord sues on false premises with malicious int

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Thu 31 Mar 2016 15:35
Landlord sues on false premises with malicious int - jfa12

I rented a property in Nottingham, UK with initial 6 months contract. About the end of the third month I started having arguments with the landlord who also lived in the property. Things escalated and he assaulted me. Then I called the police, he was arrested and criminal trial initiated against him. Meanwhile, 2 weeks after the incident, I moved out of the property and he was notified of that.

Now, the trial is over, he was found not guilty. There were not witnesses to the incident, it was only my word against his, so I am not surprised by that outcome.

However, now he is claiming that I should pay him rent for the 3 months of my contract which I did not complete.
The contract itself says that if I terminate it earlier, I would only lose my deposit. It says that I have to give written notice. I sent text messages and he knew I was leaving because he sent an inspector to visit the property after I left. Are text messages sufficient in these circumstances?

He is also claiming £1700 in damages which is all made up. He is just trying to recover some of the money he lost on criminal defence lawyer.

He just sent me a message asking for my home address to send the courts paperwork.
I will not provide that obviously to someone who attacked me in the past.
However, I am concerned that if there is indeed a small claims court case, I may not be notified and lose by default.

Thanks a lot for any advice.

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Thu 31 Mar 2016 15:48
Landlord sues on false premises with malicious int - RobJP

Engage a solicitor. Explain to them that you do not wish to give your address to the person, and they may agree to act as a postal receiver for you. That way your post goes to the solicitor, and they pass it on to you.

If not, then you may find your options limited. You might be able to ask him for the court case details, and then to notify the court of your address directly, with an instruction that the information is not to be passed to the plaintiff, and detailing why.

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Thu 31 Mar 2016 17:30
Landlord sues on false premises with malicious int - concrete

Hi jfa12. This sounds like a real try on. He is flying a kite and hoping you will be frightened enough to give up.

Firstly, change your mobile number. Ignore him completely. If you have observed the terms of the contract he has no case to pursue. He obviously has your deposit in lieu of notice, which I don't think is legal until it has been adjudicated on by the Tenant Deposit Scheme. Check that out to see if he has complied with their rules. If not you might have a case against him and get some money back. I would also report him to the police for threatening behaviour. A visit from them for this serious matter should keep him quiet. If he does trace you and tries a small claim against you I think you have a very strong chance of winning given all the circumstances. Just keep a low profile and well out of his territory. Let us know how you get on. Best of luck. Concrete

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Thu 31 Mar 2016 20:36
Landlord sues on false premises with malicious int - focussed

If you signed up for a six-month shorthold tenancy, that is what you have to pay- its no good doing a bunk for whatever reason after three months and expecting to not have to pay the remaining three months rent- it's a contract and contracts are binding-you owe the landlord the full six month's rent.

You are confusing the rent with the deposit, they are not the same.

A deposit is not in lieu of rent owed, it's against damage to the property and/or fixtures and fittings.

You pay the 6 months rent, give notice before the fifth month, then leave the property at the six month break point after having it inspected. You then apply to the holder of the deposit to have it returned. If the landlord has good reason to withold all or part of the deposit he has to justify it to the deposit holder - with invoices etc to justify his costs.

If there are damages that are deducted from the deposit that you think are not valid you complain to the deposit holder, the landlord should have informed you at the start of your contract which deposit holding scheme he was using.

The alleged assault and all the rest of it has nothing to do with the above - it's a separate matter.

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Thu 31 Mar 2016 22:44
Landlord sues on false premises with malicious int - Bromptonaut

@focussed

Resident landlord.

It makes a difference!!

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Fri 1 Apr 2016 00:05
Landlord sues on false premises with malicious int - focussed

@focussed

Resident landlord.

It makes a difference!!

So he can run away from the rent owed? Really?

And the rental agreement is null and void too?

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Fri 1 Apr 2016 07:53
Landlord sues on false premises with malicious int - lordwoody

There is certainly a considerable difference legally between a resident and non-resident landlord, you need proper legal advice, either CAB or a solicitor, not in the forums of a motoring website.

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Fri 1 Apr 2016 15:47
Landlord sues on false premises with malicious int - Bromptonaut

@focussed,

A resident landlord complicates the situation. It's dangerous to assume an Assured Tenancy where there is a resident landlord. If the OP was sharing accomodation he's probably a lodger and not a tenant at all.

Some guidance here:

www.landlordlawblog.co.uk/2013/11/19/tessas-tenanc.../

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Sat 2 Apr 2016 09:02
Landlord sues on false premises with malicious int - focussed

If he paid a deposit it seems to indicate that he was a tenant not a lodger, it depends on whether he had shared facilities with the landlord and did or did not live in a separate part of the house.

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Sat 2 Apr 2016 10:31
Landlord sues on false premises with malicious int - Bromptonaut

If he paid a deposit it seems to indicate that he was a tenant not a lodger, it depends on whether he had shared facilities with the landlord and did or did not live in a separate part of the house.

I'm not sure why you think a lodger would not pay a deposit against damage or default. By no means unknown for one to a do a 'flit', taking the telly and other stuff from the room/shared facilities.

I highlighted the resident landlord point because you gave advice (31/3 at 19:36) predicated on a standard landlord/tenant shorthold scenario. The OP's position is more complicated and he needs professional advice. He may be be able to get this via Citizens Advice or a Law Centre, including the possibility of Legal Aid if he is on a low income.

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Sun 3 Apr 2016 15:42
Landlord sues on false premises with malicious int - concrete

I don't think it has been established what type of tenancy agreement was in force for the OP. I also don't think it is relevant either. He states clearly in an earlier post the his contract requires only 30 days notice to leave. He gave the notice, albeit via text (not ideal) and sacrificed the deposit for the months rent due for the notice period. I would think that should satisfy the contract. It seems there is real antagonism between the landlord and the tenant which has led to this beligerance and as such these issues between them will never be settled. Much better all round if they just draw a line under it and move on. Cjeers Concrete

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