Tweet
This is a copy of my particulars of claim so far:
I xxxxxxxxxxxxxxxxxx live at flat c xxx****************************** I have done since October 2012 at £800 per month with £800 deposit, I also have a shop since March 2013 trading as “xxxxxxxxxxxxxxxxx” selling electronic cigarettes and there accessories on a different lease for five years at £600 per month, I also have a lease for two other flats at the same address for a term of six years at £1 per month, this is part of the same building but has different entrances. In total I pay £1500 per month.
All rents collected by me since 2012 until 2016 has been added to the total amount paid even when the flats were empty for a number of years in the hope I could rent out and make a profit.
All of my leases were given to me by xxxxxxxxxxxx agent “xxxxxxxxxxxxxx Property Agents”
March 2014 I was fully up to date with all my rents for shop, flat c (my flat) and flat A, B.
March and April 2014 a man whom I now know as xxxxxxxxx acting as property manager for “xxxxxxxxx,” “xxxxxxxxxx” and xxxxxxxxx company, informed me that the landlord is taking back all the properties via email.
After email from xxxxxxxxxxxx of 21/3/14 on 2/4/14 this did or didn’t happened.
1 The Six year lease for flats A and B from 17/03/2013-2019
1.1 In my contract of six years for flat A, B I have a clause, paragraph 20 condemnation
a, Total taking: If, after the execution of this lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken by the Landlord or under power of eminent domain by any public or private authority, or conveyed by the Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminated as of the date when possession of the Leased Premises shall be taken, any unearned rent or other charges, shall be returned to the Tenant for remainder of lease not served.
There for Paragraph 35 is satisfied by the signing and witnessing of the new contracts for flat A, B deemed as “taken”.
The Landlord has not honoured this contract and has not paid me my profits/rents collected from/since the “Taking back” on 1/4/14
1.2 The Landlord has collected £450 per month from flat A and £400 per month from flat B totalling £850 per month.
1.3 The contract started on 17/3/2013 for six years and finishes March 2019
1.4 I collected all rents from flats A £450 per month flat B £400 per month up until October 2016
1.5 SINGH (freeholder) in his statement of truth on possession case stated xxxx collected £450 flat A, £400 flat B, £450 flat C = £1300 that combined with rent for shop = £1900 per month but xxxx only had to account for £1500 and the remainder for CONWAY to keep for the collection of rent and upkeep of the property from 1/4/14
1.6 Various reports of disrepair have been reported in writing, text, phone and face to face of which remedial repairs have only been undertaken leaving the big problems.
1.7 There have been many repairs made by myself due to the landlord’s lack of repairing as per the damage report.
2 The SHOP,
2, I traded from the shop as per usual selling electronic cigarettes under the same five year contract as I have done since 2013, without prejudice if this contract was terminated early then compensation applies as I still am a tenant of shop.(contract 1).
2.2 A contract was signed for a residency on 4/6/14 to 252 by me and xxxx backdated it to the 1/4/14 for the sole purpose to get the electricity changed over for shop. The contract is for a residence as the electricity supplies my flat C so I could get the supply separated but Npower refused the change and stated it was a business supply only (Contract 2).
2.3 A new contract was signed 05/11/14 for Vxxxxx UK Ltd backdated to 1/4/14 as referred to by freeholder xxxx in statement of truth possession case (contract 3) 2017, this contract was for the back office of my shop but addressed to the shop, this was a trade restricted contract so it is deemed void by terminating my business on the signing.
2.4The Freeholder tried to gain possession of which I defended, the case was discontinued.
2.5 There have many disrepairs reported regarding the shop of which none has been acknowledged nor remedied.
3.2 If xxxxis the tenant then I have no obligation to pay rent for the said property.
3.3 xxxx moved in March 2013 with me.
3.4 Freeholder xxxx claims a new contract was entered into 1/4/14 and her contract was terminated December 2016
3.5 If a contract was entered between xxxx and xxxxx , I have no responsibility over the rent if unpaid; never the less xxxxxxxxxxnever paid rent I always paid the rents as she was with our child of which I have receipts singed by xxxxxxxx.
3.6 xxxxxxgave me a contract 2/4/14 for residence of 2xx, (being my flat)
3.7 xxxxxxx ordered his property manager xxxxxxxxx and two others to change the lock of communal door to flat B and C by doing this while I was not there did deprive me of my property, protection from eviction act 1977 where it is an offence to deprive/attempt to deprive a tenant of whole or part of their property on 05/12/16 to flat C and flat B.
3.8 Breach of statutory duty, duty of tenants and landlords of business premises to give information to each other. On 30/11/2017 I served xxxxxxxxx a section 40 notice of which has been ignored I also did give xxxxxxxxxx the same 2016 to ascertain who “xxxxxxxxx” and all other are so I could seek remedy but none have complied.
All rents collected by me since 2012 until 2016 has been added to the total amount paid even when the flats were empty for a number of years in the hope I could rent out and make a profit.
All of my leases were given to me by xxxxxxxxxxxx agent “xxxxxxxxxxxxxx Property Agents”
March 2014 I was fully up to date with all my rents for shop, flat c (my flat) and flat A, B.
March and April 2014 a man whom I now know as xxxxxxxxx acting as property manager for “xxxxxxxxx,” “xxxxxxxxxx” and xxxxxxxxx company, informed me that the landlord is taking back all the properties via email.
After email from xxxxxxxxxxxx of 21/3/14 on 2/4/14 this did or didn’t happened.
1 The Six year lease for flats A and B from 17/03/2013-2019
1.1 In my contract of six years for flat A, B I have a clause, paragraph 20 condemnation
a, Total taking: If, after the execution of this lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken by the Landlord or under power of eminent domain by any public or private authority, or conveyed by the Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminated as of the date when possession of the Leased Premises shall be taken, any unearned rent or other charges, shall be returned to the Tenant for remainder of lease not served.
There for Paragraph 35 is satisfied by the signing and witnessing of the new contracts for flat A, B deemed as “taken”.
The Landlord has not honoured this contract and has not paid me my profits/rents collected from/since the “Taking back” on 1/4/14
1.2 The Landlord has collected £450 per month from flat A and £400 per month from flat B totalling £850 per month.
1.3 The contract started on 17/3/2013 for six years and finishes March 2019
1.4 I collected all rents from flats A £450 per month flat B £400 per month up until October 2016
1.5 SINGH (freeholder) in his statement of truth on possession case stated xxxx collected £450 flat A, £400 flat B, £450 flat C = £1300 that combined with rent for shop = £1900 per month but xxxx only had to account for £1500 and the remainder for CONWAY to keep for the collection of rent and upkeep of the property from 1/4/14
1.6 Various reports of disrepair have been reported in writing, text, phone and face to face of which remedial repairs have only been undertaken leaving the big problems.
1.7 There have been many repairs made by myself due to the landlord’s lack of repairing as per the damage report.
2 The SHOP,
2, I traded from the shop as per usual selling electronic cigarettes under the same five year contract as I have done since 2013, without prejudice if this contract was terminated early then compensation applies as I still am a tenant of shop.(contract 1).
2.2 A contract was signed for a residency on 4/6/14 to 252 by me and xxxx backdated it to the 1/4/14 for the sole purpose to get the electricity changed over for shop. The contract is for a residence as the electricity supplies my flat C so I could get the supply separated but Npower refused the change and stated it was a business supply only (Contract 2).
2.3 A new contract was signed 05/11/14 for Vxxxxx UK Ltd backdated to 1/4/14 as referred to by freeholder xxxx in statement of truth possession case (contract 3) 2017, this contract was for the back office of my shop but addressed to the shop, this was a trade restricted contract so it is deemed void by terminating my business on the signing.
2.4The Freeholder tried to gain possession of which I defended, the case was discontinued.
2.5 There have many disrepairs reported regarding the shop of which none has been acknowledged nor remedied.
- Flat C contract without prejudice
3.2 If xxxxis the tenant then I have no obligation to pay rent for the said property.
3.3 xxxx moved in March 2013 with me.
3.4 Freeholder xxxx claims a new contract was entered into 1/4/14 and her contract was terminated December 2016
3.5 If a contract was entered between xxxx and xxxxx , I have no responsibility over the rent if unpaid; never the less xxxxxxxxxxnever paid rent I always paid the rents as she was with our child of which I have receipts singed by xxxxxxxx.
3.6 xxxxxxgave me a contract 2/4/14 for residence of 2xx, (being my flat)
3.7 xxxxxxx ordered his property manager xxxxxxxxx and two others to change the lock of communal door to flat B and C by doing this while I was not there did deprive me of my property, protection from eviction act 1977 where it is an offence to deprive/attempt to deprive a tenant of whole or part of their property on 05/12/16 to flat C and flat B.
3.8 Breach of statutory duty, duty of tenants and landlords of business premises to give information to each other. On 30/11/2017 I served xxxxxxxxx a section 40 notice of which has been ignored I also did give xxxxxxxxxx the same 2016 to ascertain who “xxxxxxxxx” and all other are so I could seek remedy but none have complied.
1/4/14 the LL issued a AST to a new tenant to one of the flats that was part of my lease. This occurred on the same day that the LL took back my lease but there was no writing, other than I witnessed the new AST by signature and so did the LL.
my question is, Is signing of the AST considered to be a writing executed by both parties if both parties have signed it ? therefore paragraph 35 has been fulfilled.
Comment