I’m being threatened with eviction because I am withholding rent payments, what can the landlord do?
Withholding rent is a breach of contract, even if you feel that you have a really good case for not making your payments. The landlord can take you to court if you owe 8 weeks rent or more, or you have been persistently in rent arrears during your tenancy. You can make a counterclaim for any damages but it is better to try and resolve it before it gets to court.
If the case does go to court and the decision is awarded in the Landlord's favour, then you could have additional court fees to pay.
If you have been issued with court papers already please seek advice as soon as possible. Please visit LUU Advice in the Union building or email us.
If no legal action has started, talk to the landlord first, detailing why you are withholding your rent and see if you can reach agreement. Make sure you keep a written record of any discussions and keep evidence e.g. photo’s of disrepair. You will need this is any dispute continues.
You may be entitled to compensation or even a reduction in rent if you have experienced significant problems - but you have to show what impact it has had.
If you can’t resolve the dispute with your landlord, have a chat with LUU Advice.