Interesting point, thank you. Quick question, if you do not mind. On which basis can we take him to court? In addition to this, what would define breaking the TA on his part? Thank you, much appreciated!x9200 wrote:Personally I don't think he has violated TA enough for you to break the lease. IMO you should take him to the court without terminating the lease.
The basis you take him to court depends on what is actually in your TA. There is no overarching act or legislation here. So if you're TA says "House must be fit for habitation' or similar - that's the point you fight on.Kikiprutprut wrote:Interesting point, thank you. Quick question, if you do not mind. On which basis can we take him to court? In addition to this, what would define breaking the TA on his part? Thank you, much appreciated!x9200 wrote:Personally I don't think he has violated TA enough for you to break the lease. IMO you should take him to the court without terminating the lease.
I understood that when you wrote: "We asked for all the fans cum light to be replaced like for like (as per TA)" you referred to a clause in your TA stating that the LL was obliged to repair or replace the equipment or fixtures once broken. You backed up majority of your claims saying that they are based on the TA so this should be sufficient as the TA is here the basic ruling document.Kikiprutprut wrote:Interesting point, thank you. Quick question, if you do not mind. On which basis can we take him to court? In addition to this, what would define breaking the TA on his part? Thank you, much appreciated!x9200 wrote:Personally I don't think he has violated TA enough for you to break the lease. IMO you should take him to the court without terminating the lease.
I’m not a lawyer, but I have taken two ‘Landlord + Tenant’ court cases, and so, my 2 cents FWIW....Kikiprutprut wrote:Hi All, I followed your advice and engaged a lawyer who said we have a very strong case but the cost of going to court would offset any potential benefit. We have therefore decided to take the landlord to the small claims court. Unfortunately, the landlord did not agree to the possibility of mediation so we have to represent ourselves in front of the judge. The landlord, since we have filed the case with the court, has agreed to carry out all repairs and has started engaging contractors and carrying out repairs. He is also incredibly nice in all correspondence. We have seen the file he has submitted to the court (we are entitled to a copy and he is entitled to a copy of ours) and he has omitted all the evidence which proves he broke the TA, which we have included. We have also found out that he has sent a personal e-mail to both agents saying that he is looking for residential and commercial properties and so are his relatives and he would like to engage the agents for these lucrative opportunities. Isn't this bribery and does it form part of perverting the course of justice? Please advise. thank you
Kikiprutprut wrote:However, he has changed his mind again and sent an e-mail saying that we will be liable for the remaining 10 months and he will forfeit the deposit. We have given him two months' notice and want to offset the last two months against the deposit (against the TA, but the place is in a much better state and cleaner we found it in) as he also had threatened us not to return the cheque with the LOI and WE DO NOT TRUST HIM (can you blame us?). He is threatening to take us to court.
Any advice? Do not ever rent from this landlord!!!!
You cannot take it upon yourself to not pay your last two months rent, on the basis that the landlord holds a deposit against potential damage to his property.Kikiprutprut wrote: I appreciate advice, not criticism based on no knowledge. Thank you
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