Bank-Smart - Court Claim

[islandgirl]

Hi Sammy1970 can you tell us more about the situation with the LL - not one I have come across before. Was the damage superficial / cosmetic or did it prevent you using the property or cause you other problems? How were you told not to pay rent and why? It seems a very strange thing for a LL to tell you to do and I cannot see his/her motive.

[Huxie]

Hi Sammy1970 can you tell us more about the situation with the LL - not one I have come across before. Was the damage superficial / cosmetic or did it prevent you using the property or cause you other problems? How were you told not to pay rent and why? It seems a very strange thing for a LL to tell you to do and I cannot see his/her motive.

More information available here:
https://legalbeagles.info/forums/for...y-house-please

[islandgirl]

Thank you very much Huxie. I do recall that thread now with the OP wanting to claim for injury when there was no injury but increased costs following the accident. In that thread the OP wrote

landlord told us to stop paying the rent when it happened so we did now he wants it as I guess his insurance didn't pay him out what he expected... his insurance company won't pay our extra gas money or 5he 7 months rent also we had to find our own alternative accommodation as he or the insurance company wouldn't it was 10 days away from Christmas we have 2 indoor cats so couldn't put them in cattery... I could go on all night

The issue of the LL asking for back rent when they said not to pay: I know the OP moved into a different place - who paid for that? How did the LL say "do not pay"? In writing? Was a letter ever written to the driver/their insurer as suggested? What was the response? I think we need more info in order to help.

[Sammy1970]

Hi
the house was damage as car crashed into the side of it...I could see outside through the wall... it had to be all boarded up, it was winter and it was very cold living there... no on got us ant alternative accommodation... we thought they would find us somewhere after Xmas.. we were told to find ut ourselves and the landlord would pay and he would get it back of his insurance.

The landlord stood outside the day after it happened and said stop paying the rent as amply covered with my insurance... he did give it me in writing?

After 7 months he said he didnt realise that i had stopped paying the rent, it was the same time that I went into the Alternative accommodation that I found in August 22.

I told him he told me to stop paying it..but he's now denying it! he obviously wasnt as covered as he thought he was and now pushed it onto me.

Yes I stayed in the house as noware to go, but it was cold, damp, scary as it was proped up with 12 acro bars to hold it up! And I could hear every noise and speeding car going past!

I cannot write to the driver or his insurance as no one will tell me his address, I know which town he lives in, his name and registration plate I even know he's insured with Hastings direct, but landlords insurance wont give it me!

It would be great if could help thank you x

[Sammy1970]

Hi
the house was damage as car crashed into the side of it...I could see outside through the wall... it had to be all boarded up, it was winter and it was very cold living there... no one got us any alternative accommodation... we thought they would find us somewhere after Xmas.. we were told to find it ourselves and the landlord would pay and he would get it back of his insurance.
The landlord stood outside the day after it happened and said stop paying the rent as amply covered with my insurance... he didnt give it me in writing?
After 7 months he said he didnt realise that i had stopped paying the rent, it was the same time that I went into the Alternative accommodation that I found in August 22.
I told him, he said to me to stop paying it..but he's now denying it! he obviously wasnt as covered as he thought he was and now pushed it onto me.
Yes I stayed in the house as noware to go, but it was cold, damp, scary as it was proped up with 12 acro bars to hold it up! And I could hear every noise and speeding car going past!
I cannot write to the driver or his insurance as no one will tell me his address, I know which town he lives in, his name and registration plate I even know he's insured with Hastings direct, but landlords insurance wont give it me!
It would be great if could help thank you x

[islandgirl]

Looking at the accident and housing issue the first stop should have been the council - this from the government website:
"Your landlord has a duty to repair any problems in your home in a reasonable amount of time. This amount of time will depend on what the problem is and how serious it is"

Surprisingly according to Shelter: The landlord’s obligations and liabilities do not arise if:

• the dwelling needs to be rebuilt or reinstated following destruction or damage by fire, storm, flood or other inevitable accident

So it seems the best option is the council. I would still assume the LL had an obligation to repair within a reasonable time and not leave you in an unsafe building. The council officers should come out and inspect. More info here https://england.shelter.org.uk/get_help
As for not paying the rent, without proof you are in a very difficult position. Have you paid rent in the new location since August 22? What is the status of the old tenancy?
I think you need some legal advice on this - you could try the specialist site Landlordzone (google it, helps landlords and tenants) but stick to the issue of the accident and the rent if you post there. This is a difficult situation which seems more complicated by the Landlord's insurer not paying out which seems very strange in these circumstances. Usually they would pay and then go after the driver to reimburse them.

[Sammy1970]

Hi there

Yes I started paying rent again in August.. I just don't understand why the insurance haven't paid the first 7 months rent whilst it was damaged?
I will look at the website you've sent
Thank you so much for your help x