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Unpaid rent and alegid defects

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  • Unpaid rent and alegid defects

    Hello
    I am wondering if people can give some advice to do with a case going to court.
    I am taking someone to court for unpaid rent and just want clarity on a few points:
    1. If say I am taking someone to court for unpaid rent of say 4k. In their defence can agree that they simply chose not to pay this rent, but then list alleged disrepairs as the reason why? They have made a list of disrepairs putting a total due next to each - total total they claim they are owned comes to 4k. Thus saying they decided not to pay the rent as they decided that they were due the same amount in compensation.
    2. In the same case could the defendant claim that the same as the above but claim the disrepairs total 10k and so the claimant actually owes them money. This would seem exceedingly unfair, surely they would need to submit a counter claim?
    3. Can you claim compensation for the period prior to informing your landlord. For example if you notify your landlord 9 months into a tenancy of an alleged issue since the start of the tenancy. The landlord then resolves the matter in 4 weeks. Can claim compensation for 10 months?
    4. Is there any methodology for how any compensation would be granted or is it just at a judges discretion?
    5. Is there being a disrepair always grounds for compensation or can mitigating circumstance be taken into account. Such as the tenant not notifying the landlord or restricting access to the property?

    Thank you in advance for your help
    Tags: None

  • #2
    You may do better asking at Landlordzone.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #3
      It is not clear from your posting if you are seeking possession because of unpaid rent or simply suing for the money. You may find this useful:
      https://england.shelter.org.uk/profe...e_of_disrepair

      Comment

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