Small Claims - Dispute
Discussion
Hi All,
Looking for a little advice here.
I recently had to live in a house share, fortunately not anymore! I left the property (left stuff present but didn't reside there) in late June but my replacement tenant did not arrive until August 2014 due to his refusal to allow me to find a replacement and then be very slow about finding one himself.
He has issued small claims to me due to my unpaid share of utility bills.
No bills are in my name, but I will pay my share up until late Jun as I owe it. I have no issue with that, but I didn't reside there after that point, apart from Council tax, as I didn't consume any Water, Elec, Gas, Virgin Media or TV I am not really up for paying that part from Late Jun - Mid August.
Especially as he deliberately stalled to find my replacement.
He knew I wanted to leave and decided I would not be able to find my own replacement tenant. Instead he decided he and his co-tenant would.
They then dragged their heels for the next few weeks and some more before advertising and finding a replacement. I had to continue to pay rent and council tax as a result of his deliberate attempt to find someone as slowly as possible.
He has sent small claims court to my work address (is this even valid)???
To be honest, if he wasn't such a prize tool I would have actually paid the full amount including the amount for the period I had moved out early.
However, when residing there he actually damaged my bumper on his exit from the driveway. So I am thinking I should issue small claims proceedings to him in that respect, and maybe just pay this one.
His attitude stinks and this is more why I want to fight this one and actually bring a claim upon him for his attitude and damage to my car and slowness in finding a replacement tenant (not allowing me to do so, therefore costing me nearly two months of additional rent)
Feel free to PM me or post any thoughts on this.
Cheers all.
Looking for a little advice here.
I recently had to live in a house share, fortunately not anymore! I left the property (left stuff present but didn't reside there) in late June but my replacement tenant did not arrive until August 2014 due to his refusal to allow me to find a replacement and then be very slow about finding one himself.
He has issued small claims to me due to my unpaid share of utility bills.
No bills are in my name, but I will pay my share up until late Jun as I owe it. I have no issue with that, but I didn't reside there after that point, apart from Council tax, as I didn't consume any Water, Elec, Gas, Virgin Media or TV I am not really up for paying that part from Late Jun - Mid August.
Especially as he deliberately stalled to find my replacement.
He knew I wanted to leave and decided I would not be able to find my own replacement tenant. Instead he decided he and his co-tenant would.
They then dragged their heels for the next few weeks and some more before advertising and finding a replacement. I had to continue to pay rent and council tax as a result of his deliberate attempt to find someone as slowly as possible.
He has sent small claims court to my work address (is this even valid)???
To be honest, if he wasn't such a prize tool I would have actually paid the full amount including the amount for the period I had moved out early.
However, when residing there he actually damaged my bumper on his exit from the driveway. So I am thinking I should issue small claims proceedings to him in that respect, and maybe just pay this one.
His attitude stinks and this is more why I want to fight this one and actually bring a claim upon him for his attitude and damage to my car and slowness in finding a replacement tenant (not allowing me to do so, therefore costing me nearly two months of additional rent)
Feel free to PM me or post any thoughts on this.
Cheers all.
The other co-tenant.
AST was till 23rd August but the letting agent provided me permission to leave early just to find the replacement.
He decided he didn't want me to and he would and then proceeded to DRAG his heels
I think it all said we share the bills - I'll check the wording. So I paid council tax and it was all split
AST was till 23rd August but the letting agent provided me permission to leave early just to find the replacement.
He decided he didn't want me to and he would and then proceeded to DRAG his heels
I think it all said we share the bills - I'll check the wording. So I paid council tax and it was all split
Edited by giggity on Saturday 8th November 13:12
giggity said:
Can I counter claim for his deliberate dragging in finding a replacement?
No.Firstly because it is not the responsibility of a co tenant to find an alternative co tenant. The contract is with the landlord.
Secondly, you had a fixed term AST. That is binding on both tenant and landlord.
Is your contract with the landlord and not the other tenant? If so you have no responsibility to pay the other tenant anything and his claim will fail!
If the landlord is after you then that is a different matter.
If the other tenant has paid the landlord on your behalf, without your permission, then it's his problem for being so daft.
Or do you have to pay the utility bills directly and have an agreement with the other tenant to split the bills equally, in which case you may have to pay up?
If the landlord is after you then that is a different matter.
If the other tenant has paid the landlord on your behalf, without your permission, then it's his problem for being so daft.
Or do you have to pay the utility bills directly and have an agreement with the other tenant to split the bills equally, in which case you may have to pay up?
All the above is broadly true, but the landlord has a responsibility to mitigate his losses, if the place was empty from the end of June then he should have been trying to get a new tenant in much quicker. As it's utilities in question, I don't think it's unreasonable that the OP doesn't want to pay them, he wasn't present to use them, not did he want to. Tricky one, I'd be tempted to offer a percentage of the debt in full & final settlement, otherwise my gut feeling is that it could go either way on the day, depending on the attitude of the person hearing the claim, and the attitude of the people present!
Sorry - I've been out most of the day. Some further info / background?
The person that has issued me with small claims is the other co-tenant.
I've paid all rent up until mid-august and I've paid council tax.
I informed the letting agent and it was agreed I could move out, the landlord was fine with this - Just find a replacement tenant.
The existing co-tenant refused this and said he wants to find the replacement as he will be staying with them, but then proceeded to drag his heels and delay finding a replacement.
I offered to pay him the utilities for the period I stayed there but not when I wasn't there.
He refused this and then began to lie in emails - saying he had no knowledge I moved out etc. just silly lies really and I have plenty of proof including emails with the letting agent.
Because of his attitude and lies etc. I'm happy to take this all the way to court.
His attitude regarding the damage to my car stinks and I think I should begin proceedings to him in relation to that matter.
The person that has issued me with small claims is the other co-tenant.
I've paid all rent up until mid-august and I've paid council tax.
I informed the letting agent and it was agreed I could move out, the landlord was fine with this - Just find a replacement tenant.
The existing co-tenant refused this and said he wants to find the replacement as he will be staying with them, but then proceeded to drag his heels and delay finding a replacement.
I offered to pay him the utilities for the period I stayed there but not when I wasn't there.
He refused this and then began to lie in emails - saying he had no knowledge I moved out etc. just silly lies really and I have plenty of proof including emails with the letting agent.
Because of his attitude and lies etc. I'm happy to take this all the way to court.
His attitude regarding the damage to my car stinks and I think I should begin proceedings to him in relation to that matter.
Well, it certainly sounds like a big fat mess.
If you have in writing proof that you offered to pay the utilities and the refusal of that by the co-tenant (this refusal would be very important), and that the co-tenant refused to allow you to find the tenant yourself, then you may well have an argument that the plaintiff is in breach of their duty to mitigate their damages.
If the co-tenant said "I don't want you to pay the utilities once you have left" I don't know how they can argue the opposite in court.
If you have in writing proof that you offered to pay the utilities and the refusal of that by the co-tenant (this refusal would be very important), and that the co-tenant refused to allow you to find the tenant yourself, then you may well have an argument that the plaintiff is in breach of their duty to mitigate their damages.
If the co-tenant said "I don't want you to pay the utilities once you have left" I don't know how they can argue the opposite in court.
giggity said:
Because of his attitude and lies etc. I'm happy to take this all the way to court.
Fair enough, but it's a risk. And one that will cost you more if you loose because the court fee will be added to the costs so far.A judge may agree with you that as you were not in residence you have not consumed any utilities and therefore are not responsible for any costs, they may also decide that some utilities have a fixed cost (standing charges, permanent electricity usage like a fridge, water rates rather than meter) and you should pay something, or that because there was no previous link to who actually used what when in residence you should pay half.
Are these utilities in joint names and how much money are we talking about here?
So I've already had the court paperwork arrive, I will complete a AOS, and that being the case I may as well see this to the court now?
I've got emails back and forward, where I say I'll pay for the period I consumed but not for when I didn't reside - especially as you delayed getting my replacement as you wanted to do it.
The amount he is claiming for is 239 plus court fee of £25, I had to stay at least an additional month (£493) but I think it's closer to a month and a half
I've got emails back and forward, where I say I'll pay for the period I consumed but not for when I didn't reside - especially as you delayed getting my replacement as you wanted to do it.
The amount he is claiming for is 239 plus court fee of £25, I had to stay at least an additional month (£493) but I think it's closer to a month and a half
You originally said that you would have paid in full if he wasn't such a tool so it seems like you wish to cause him inconvenience and stress. Fight winnable battles is my motto so I would pay his claim in full (it sounds like contractually you owe the money notwithstanding potential breaches of duty to mitigate losses which will be difficult to prove).
Send your ex co-tenant a letter of claim for the bumper damage with basic details of the event and in the meantime spend a couple of weeks preparing a very comprehensive particulars of claim to include date time detailed description and annotated photographs. Ensure that all costs are covered in the claim - you might have taken taxis, hired a car, lost no claims bonus, etc. etc. etc.
Enjoy pulling the strings over a matter which you totally control and is winnable and, most importantly, he did damage your car and does owe you the money required to put you back in the position you were in prior to the damage taking place.
Enjoy!
Send your ex co-tenant a letter of claim for the bumper damage with basic details of the event and in the meantime spend a couple of weeks preparing a very comprehensive particulars of claim to include date time detailed description and annotated photographs. Ensure that all costs are covered in the claim - you might have taken taxis, hired a car, lost no claims bonus, etc. etc. etc.
Enjoy pulling the strings over a matter which you totally control and is winnable and, most importantly, he did damage your car and does owe you the money required to put you back in the position you were in prior to the damage taking place.
Enjoy!
I've got a fair number of emails with respect to the moving out and then text messages where he states (a month later) he would like to do some viewings etc.
I've also got emails where he lies saying that there is no evidence I moved out, (I've got plenty to use so not worried in that respect)
He's just an armchair lawyer / keyboard warrior. I'm thinking to do AOS to defend part of claim?
- text correspondences between myself and you from 7 July 2014 to 15 August 2014, demonstrating that there is no basis for your claim that you moved out on 24 June 2014, or that efforts were not sufficiently made by myself and other prize tool co-tenant to find you a replacement co-tenant prior to the end of our tenancy agreement. I should also note that there was no legal responsibility for either of us to find a replacement co-tenant for you prior to August 23, and that these efforts were an act of goodwill on our part
interesting to see how he acts like he is now doing me a favour, as when I wanted to find the replacement he refused.
If anyone wants copies of correspondence let me know and I'll PM it.
Cheers all
I've also got emails where he lies saying that there is no evidence I moved out, (I've got plenty to use so not worried in that respect)
He's just an armchair lawyer / keyboard warrior. I'm thinking to do AOS to defend part of claim?
- text correspondences between myself and you from 7 July 2014 to 15 August 2014, demonstrating that there is no basis for your claim that you moved out on 24 June 2014, or that efforts were not sufficiently made by myself and other prize tool co-tenant to find you a replacement co-tenant prior to the end of our tenancy agreement. I should also note that there was no legal responsibility for either of us to find a replacement co-tenant for you prior to August 23, and that these efforts were an act of goodwill on our part
interesting to see how he acts like he is now doing me a favour, as when I wanted to find the replacement he refused.
If anyone wants copies of correspondence let me know and I'll PM it.
Cheers all
He is correct that he was under no obligation to find a replacement tenant, and even if he had the landlord could have refused them until the existing AST reached its term. To accept a new tenant mid term would likely have meant that the existing AST would have had to be terminated and an new one effected, that costs and the other tenant(s) may have been unwilling to effect a new one at that time.
You need to appreciate that the AST is a legally binding contract on both landlord and tenant. You cant just walk away from your financial obligations under it.
The lease will undoubtedly say that the tenant is responsible for all utility costs. Your agreement with the other tenant(s) will dictate how that is shared between you.
Having said that, what you are being sued for seems somewhat steep for 6 weeks worth in summer, especially if its divided between three of you.
You need to appreciate that the AST is a legally binding contract on both landlord and tenant. You cant just walk away from your financial obligations under it.
The lease will undoubtedly say that the tenant is responsible for all utility costs. Your agreement with the other tenant(s) will dictate how that is shared between you.
Having said that, what you are being sued for seems somewhat steep for 6 weeks worth in summer, especially if its divided between three of you.
They do an addendum, they did that when I took over the last person and as it was nearing the end of the current AST they were happy for me to move, just the current co-tenant being difficult and delaying things. it's not for 6 weeks - its from Feb to August. Agreed to pay Feb-June.
When I stated I would claim costs for my bumper he stated he would counter claim because I parked on the driveway he was damaged his own car against the wall, sorry but if you cant drive and you drive into walls and other bumpers you need to learn how to drive and park.
His car is un-roadworthy to say the least.
Anyway, I'll pay the utilities and then bring court proceedings to him for the damage to my car?
That seems to be the best way going forward.
Had he not damaged my car and then act like a prick after having done so it would have been OK.
When I stated I would claim costs for my bumper he stated he would counter claim because I parked on the driveway he was damaged his own car against the wall, sorry but if you cant drive and you drive into walls and other bumpers you need to learn how to drive and park.
His car is un-roadworthy to say the least.
Anyway, I'll pay the utilities and then bring court proceedings to him for the damage to my car?
That seems to be the best way going forward.
Had he not damaged my car and then act like a prick after having done so it would have been OK.
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