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Unreasonable landlord issued summons

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  1. #1

    Unreasonable landlord issued summons

    Hi, just received a summons from my landlord. The backgroud is this:

    I rented a basement apartment from him, and at first, things were fine. I put down 3 months deposit.

    Within weeks, I realised a whole list of problems. Some of the major ones include:

    Every few hours, flushing and water (more than just a toilet - maybe emptying a washing machine) sounds can be heard, and a disgusting smell fills the place - often so strong I have to leave.

    The bathroom floor is constantly wet - water is leaking from somewhere and there is a constant puddle.

    The walls in the room leak - every time it rains, the entire room and living room gets flooded - I have to mop up several buckets of water.

    The A/C leaks and covers the bed in water. There are many more issues which make the place unbearable.

    Due to busy schedule, I only complained a few months after moving in (April). He made various excuses about it not being his responsibility, or not believing the problems, or that I had to take the property as I found it. Obviously when I first viewed, these issues were not known.

    I kept complaining, and he finally sent a handyman. The guy inspected all the problems, agreed, and said he would report back. I followed up - the LL said that there were no issues, and the handyman said it was all fine(!!).

    When he told me he would not be fixing anything, I I stopped paying rent, and kept raising the issue. We spoke again, and I said I wanted to repair the problems, and also said I would move out in a month. He agreed. He send a second handyman, and again, inspected, agreed, and reported back. AGAIN, he claims that there is nothing he needs to do, and any work would be done after I moved out.

    Now, he has issued a summons to go to court over 2 months rent. As I have put down 3 months deposit, the easiest way would be for him to take 2, give me back 1, and I leave.

    However, out of principle, I am reluctant to pay full rent for the entire duration of my stay, while he has done nothing as a landlord. Having all my stuff soaked everytime it rains, mopping dirty water, and smelling garbage all day for months does not deserve full rent, surely! His only counter is that I stopped paying rent. However, I raised these issues well before I took that action.

    Bit of a rant, but really dont know whether to fight the summons or just pay up and leave. Any advice?

    Thanks


  2. #2

    Join Date
    Nov 2010
    Posts
    3,377
    Quote Originally Posted by g.gk.wong:
    Hi, just received a summons from my landlord. The backgroud is this:

    I rented a basement apartment from him, and at first, things were fine. I put down 3 months deposit.

    Within weeks, I realised a whole list of problems. Some of the major ones include:

    Every few hours, flushing and water (more than just a toilet - maybe emptying a washing machine) sounds can be heard, and a disgusting smell fills the place - often so strong I have to leave.

    The bathroom floor is constantly wet - water is leaking from somewhere and there is a constant puddle.

    The walls in the room leak - every time it rains, the entire room and living room gets flooded - I have to mop up several buckets of water.

    The A/C leaks and covers the bed in water. There are many more issues which make the place unbearable.

    Due to busy schedule, I only complained a few months after moving in (April). He made various excuses about it not being his responsibility, or not believing the problems, or that I had to take the property as I found it. Obviously when I first viewed, these issues were not known.

    I kept complaining, and he finally sent a handyman. The guy inspected all the problems, agreed, and said he would report back. I followed up - the LL said that there were no issues, and the handyman said it was all fine(!!).

    When he told me he would not be fixing anything, I I stopped paying rent, and kept raising the issue. We spoke again, and I said I wanted to repair the problems, and also said I would move out in a month. He agreed. He send a second handyman, and again, inspected, agreed, and reported back. AGAIN, he claims that there is nothing he needs to do, and any work would be done after I moved out.

    Now, he has issued a summons to go to court over 2 months rent. As I have put down 3 months deposit, the easiest way would be for him to take 2, give me back 1, and I leave.

    However, out of principle, I am reluctant to pay full rent for the entire duration of my stay, while he has done nothing as a landlord. Having all my stuff soaked everytime it rains, mopping dirty water, and smelling garbage all day for months does not deserve full rent, surely! His only counter is that I stopped paying rent. However, I raised these issues well before I took that action.

    Bit of a rant, but really dont know whether to fight the summons or just pay up and leave. Any advice?

    Thanks
    Just state your defence along these lines. Try and get a record of every time you complained.If you can get a statement from that handyman over exactly what he reported that would be handy too.

  3. #3

    Join Date
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    I might get my own handyman to look at the place too.


  4. #4

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    Oh! I missed the part where he suggested he still lives there. Yes, get at least 2 contractors' reports. Take a wad load of photographs and videos, too.


  5. #5

    Join Date
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    I'm sympathetic but if you did not report these things "for a few months" then I think you may have a problem - you can't prove that they existed when you moved in. What does it say in your tenancy agreement about repairs?

    bryant.english likes this.

  6. #6

    Join Date
    Dec 2009
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    1,507

    why cant the landlord view the flat with the handyman? it does sound like the landlord is trying to avoid his responsibilites.


  7. #7

    Agreement is standard - landlord needs to take care of major / structural issues, etc.

    Both handyman work for him (he has several properties / businesses).

    As for not reporting for a few months - some things, like the water, only happen when it rains, and it didnt rain for the first few months. Some things like the smell, took a little time to realise / address.

    Got all the videos and pictures, but not sure if I'm going to be legally in the wrong by not paying rent. I hear that as soon as you stop, then you lose any power you may have had.


  8. #8

    Join Date
    Nov 2010
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    That's rubbish wherever you heard it. It depends who breached the contract. You have an argument that he did.

    Just file your defence - set out each point clearly - and wait for the next steps. If all this really happened, I would find it very hard to believe a court will side with the landlord. I don't see your delay of a couple of months being material.


  9. #9

    Ok I'm willing to fight this, but pretty naive on the legal implications. A few questions:

    1) He is taking me to court for 2 months outstanding rent. Is this where I state the problems? Or will I have to issue some kind of counter or follow-up claim?

    2) Are there any key points where I'm vulnerable? Say, the time between my complaints and not paying rent - could it be argued it was too short, or that I didnt press enough or get it verified enough, etc.?

    3) I want to leave early (under 13mths), and finally he is letting me. However, this is still on the condition that I pay full rent for duration. Should I just cut my loses and leave? Is there an upside?

    Thanks everybody.


  10. #10

    Join Date
    Nov 2010
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    3,377

    1. You will have received a claim form with your summons. There will be a part of that claim form that tells you how to prepare your defence.

    2. That's difficult to say. You haven't given precise dates. I don't think it material though. If you reported these problems, complained and he still didn't fix them, you were not unreasonable in withholding rent.

    3. He does have three months deposit which he could keep. You may need to commence court action against him if he doesn't give it back. How much do you lose if you move out as agreed?


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