AST - England - Rolling Tenancy
My LL has not been paying his mortgage and it appears that the court has set a date for repossession. The rent is due soon and we are considering withholding the rent to check that the LL is actually paying any attention (we've not heard anything from the LL for four months and never met (the LL is not living in the UK)).
The solicitors are looking at our documentation at the moment and we are confident they will grant us an extension without issue. However, what are the risks of withholding rent. We are confident that we can fight and pay any court action against the LL (we will look to counter sue to get the deposit back and moving costs). However, there are some comments that if we go to court because the solicitors refuse an extension, this may be looked at dimly. I have yet to find any case of this actually happening (I understand there have been several snappy comments made at some tenants who have withheld over a months rent) but we will be less than two weeks in arrears and only wanting a month extension (we are considering serving a notice on the LL before rent is due).
We are also concerned that the LL has not protected the deposit as per the rules brought in in 2012. The arrears will fall well below the deposit.
I understand that no one wants to start a court battle and every part of my body screams sod him, pay up and walk away. However, I can't face making it that easy when I have been shafted to the tune of a grand and this money adds to that total.
My LL has not been paying his mortgage and it appears that the court has set a date for repossession. The rent is due soon and we are considering withholding the rent to check that the LL is actually paying any attention (we've not heard anything from the LL for four months and never met (the LL is not living in the UK)).
The solicitors are looking at our documentation at the moment and we are confident they will grant us an extension without issue. However, what are the risks of withholding rent. We are confident that we can fight and pay any court action against the LL (we will look to counter sue to get the deposit back and moving costs). However, there are some comments that if we go to court because the solicitors refuse an extension, this may be looked at dimly. I have yet to find any case of this actually happening (I understand there have been several snappy comments made at some tenants who have withheld over a months rent) but we will be less than two weeks in arrears and only wanting a month extension (we are considering serving a notice on the LL before rent is due).
We are also concerned that the LL has not protected the deposit as per the rules brought in in 2012. The arrears will fall well below the deposit.
I understand that no one wants to start a court battle and every part of my body screams sod him, pay up and walk away. However, I can't face making it that easy when I have been shafted to the tune of a grand and this money adds to that total.