Set aside app / Landlord/Tenant claim

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

The initial inventory was both there was a list plus she took photos, she kept the photos I got a copy of the inventory list.
I text her (I didnt have an address at the time) giving my one month notice and kept her informed of the day we moved out. Upon moving out we met at the property, did a walk-through and did the end inventory (which I didn't get a copy of) and handed the keys over there and then

Not to my knowledge I had no letters from them and she never mentioned it or stated where it was held

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

The initial inventory was both there was a list plus she took photos, she kept the photos I got a copy of the inventory list.

Ask her for the origional photos showing the carpet condition. she would need to prove excsessive wear and tear.

Upon moving out we met at the property, did a walk-through and did the end inventory (which I didn't get a copy of) and handed the keys over there and then

Unless there are special terms in the contract saying they have up to 14 days aftr they took the property back to asses the damage, she will struggle with claiming more than your deposit.

Final the deposit. Ask her were it was kept during your tenancy. If it was not protected properly, that works for you as well..

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

She did put 2 original photos in the court papers, one of which was the upstairs toilet (which was wasn't relevant) and another of the dining room carpet - not the living room.

But it wasn't a deposit, she stated herself it wasn't a deposit it was a months rent in advance - which I did get back when I pointed out she legally couldn't use to cover damages. So even though it's not technically a deposit would she still have to put it in the scheme?

[Crazy council]

Re: Set aside app / Landlord/Tenant claim

which I did get back when I pointed out she legally couldn't use to cover damages. So even though it's not technically a deposit would she still have to put it in the scheme?

no, not if it was a months rent in advance. Did she pay you that back after you left. ?

whats the worst thing, owing her the money, or having the CCJ registered

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

She paid it back after 7 weeks. Just sent me one letter 3 weeks after moving out, ignored my reply so I had to send a further letter pointing out all evidence.

Probably the ccj, but I don't have £980 to pay her and dont see that she's owed that money. Was over for me when she paid our rent back But she's carried it on

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

I have sorted out the witness statements and defence would you be able to check all seems ok please

DEFENCE

Northampton County Court Money Claims Centre
Case Number: ***
Claimant
v
Defendant


1: I was a tenant at *** from December 2010 until September 2014.


2. I lived at the property with my Fiance and two children, aged 5 and 2. I did not keep any pets.


3: The Claimant requested a months additional rent in advance, explaining that this meant our last months would be free of rent when the time came to moving out.
4: On agreeing the tenancy with the Claimant an inventory was taken which stated there were slight marks on bathroom carpet and some marks on dining room carpet. Window keys were not noted down in the inventory.
5: During my tenancy there were a number of issues at the property.
a) Fence - falling apart but was replaced by Claimant
b) Window- Kitchen window to begin with was single glazed and frame was rotting away, this too was replaced by Claimant.
c) Break-In - Burglars had broken the back gate lock whilst getting in, they also broke the locks to the garage door and smashed a security light. The locks on the garage door and the security lights were replaced by us and we also added 2 deadbolts to the back gate.
d) Baywindow Roof - Leaked during the winter, no snow was on top of the window at the time as we put a plastic sheet straight over the top held down by bricks to keep the water out, until Claimant had arranged for it to be fixed, to prevent further damage.
e) Mice - We had mice for two winters in a row. The first winter we followed instructions from Claimant which included buying bins with added lids and keeping all food away and cleaned straight away. We also bought multiple mouse traps. The second winter we had problems again so Claimant had pest control come take a look and found entry holes from adjoining neighbours which were then blocked up and problems ended.


6: I gave one months notice and left the property on 26th September 2014.


7: I cleaned the property on leaving 26th September and 27th September with the help of family.


8: The first letter we received from Claimant was delivered on 17/10/14, 3 weeks after moving out. I sent my response on 19/10/14.
In those 2 weeks I recieved and heard nothing back so I sent a further letter with a deadline for the rent to be returned otherwise I would start court proceedings on 3/11/14 which got declined and sent back dated 4/11/14.
I then had to resend a new letter, the next day,to a new address after texting Claimant.
On the date I'd given Claimant until (17/11/14) I received a cheque for £450 and heard nothing more from Claimant until receiving court documents.


9. The Claimant's claim contains a number of items which I dispute any liability for;


A)Replacement of carpets to Lounge & Dining room - Within the time of living at the property I took appropriate steps in trying to keep the carpets clean. These included having spare carpet and long doormat by the front door, cleaning the carpets myself regularly and removing shoes upon coming into the house, as they are a light cream colour it was hard to keep clean, especially with two young children.
I do not feel I should take full responsibility for the carpets, my Auntie, who was good friends with Claimant, stated that Claimant had lived at the property a while before I moved in and had the living room carpet put in when she moved in. The dining room carpet was from a previous owner.
Carpets were not damaged in anyway.
B)Replacement of lino to Bathroom & Utility - Within my additional evidence I have included a section from the inventory which states the bathroom carpet had slight marks.
C) Cleaned remaining carpets - This is a little unclear to me, on Claimant final costs page she states £130.00 to clean upstairs carpets. Upstairs carpets were fine, there were a very slight lightness on the carpets where beds had been but this is normal in any home.
Then on the reciept from 'Home N Dry' it states 'that three of the carpets were heavily stained and were not able to be cleaned. These were the bathroom, lounge and dining room'
D) Redecorate - Painted. Again this is unclear, there are reciepts for paint to coincide with this but Claimant hasn't stated where needed painting, why and evidence to support.
E) Replacement - Window Damage - The back bedroom window lock didn't open for unknown reasons but after speaking to my current landlords window fitter he said that the whole window would not of needed to be refitted, only the lock which would cost £40.
F) Replacement - Window Handle - The front bedroom window locks worked fine, I was able to open and close them with no problems.
G) General cleaning products - I'll include lightbulbs etc within this also. There were lightbulbs left in the kitchen cupboard which i pointed out to Claimant. I'm also unsure as to why two 1 litre bottle of floor cleaner would be needed for a small kitchen and utility room.
H) Replacement handles to outside gate - Please see section 5C.


10: The Claimant did not attempt to discuss any issues with me prior to issuing the county court claim in this case and ignored my request for an end inventory.


11: I have found the Claimants behaviour since leaving the property extremely distressing. I have since visited my GP with stomach pains and nausea, which was put down to stress, and have also been put on anti-depressants and referred for counselling.


12: It is denied the Claimant is entitled to the sums as claimed, or at all.


STATEMENT OF TRUTH
I believe the facts stated in this Defence are true.


Signed


Dated

- - - Updated - - -

WITNESS STATEMENT

In the Northampton County Court Money Claims Centre


Case Number: **


Claimant
v
Defendant




WITNESS STATEMENT


1: I, Defendant, of *** make this Witness Statement in support of my application to set aside the judgment in default ordered by District Judge *** on 14th April 2015.


2: I received the claim in this case on 6th March 2015.


3: The claim arrived without a response pack or any information on how to respond, therefore on 6th March 2015 my Fiance telephoned *** County Court and explained we'd received a claim form and asked how we respond.


4: We was advised that we would recieve the forms soon and was never told of a time limit.


5: On 19th March 2015 the forms hadn't arrived so I telephoned *** County Court again where they gave me another telephone number. I then phoned Northampton County Court Office where I was again informed they'd send a form out.
6: On 27th March 2015 I made a further phone call to Northampton County Court stating I still had not recieved the response pack. They again said they would send another.


7: The forms arrived on 30th March 2015.


8: I completed the forms and returned them to the court on 7th April 2015, however on 14th April 2015 I received a Judgment for Claimant (by default) because I had not responded to the claim.


9: I believe I have a reasonable chance of succeeding with my defence and deny any liability for the amounts claimed. I kept the court informed from the date I recieved the claim form and do not feel it is just that I received a Default Judgment against me.


10: At no point was I informed that I could have obtained the forms online. I only discovered this when speaking to the Court to obtain the relevant forms to make this application.


11: Therefore I respectfully request the Court allow the Judgment to be set-aside and allow me to submit my defence.


STATEMENT OF TRUTH
I believe the facts statements in this Witness Statement are true


Signed


Dated

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

3: The Claimant requested a months additional rent in advance, explaining that this meant our last month would be free of rent when the time came to moving out. Whereabouts of where the months rent in advance was kept are unknown, I was not informed of any bank account it was kept in or if it was put in a deposit scheme.

added this too

[stevemLS]

Re: Set aside app / Landlord/Tenant claim

Forgive me interfering, Amethyst are you sure about getting the set aside cost back from the claimant - it is not their "fault" that OP didn't acknowledge/defend?

OP - I don't think the issues you raise in para 5 assist your case, on the contrary they make the l/l sound as if they are taking their responsibilities seriously.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

That's true, I will amend that part before I print it off, I'll delete all of that, move parts around basically state there that yes she did replace some items that needed replacing but I'll also mention a window didn't get replaced it had condensation in it, and that she only did 2 landlord checks in the time I was there And I also repainted the kitchen

- - - Updated - - -

Oh and there was a huge problem would mould in utility room, at one point it covered the walls we had to bleach the walls every other week! There was still a mould patch on the ceiling when we left because she told us to basically ignore it unless it gets worse! Which it didnt

[stevemLS]

Re: Set aside app / Landlord/Tenant claim

I think the mould issue is the only one worth mentioning as a disrepair matter.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Ok thanks

- - - Updated - - -

What about a leaking porch roof? I notified her and it never got fixed Everytime it rained heavily we had to put a bucket in there and towels

[stevemLS]

Re: Set aside app / Landlord/Tenant claim

Yes, bang that in.

The disrepair issues though, in my view, are peripheral and will have little if any impact on your prospects of either getting thee CCJ set aside or, ultimately, defending the claim.

So, I wouldn't worry too much about them.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Okay thank you!

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

11: I would respectfully like to ask the age of all items and how long they would roughly last for. Whilst I do not take responsibility for full costs of replacements I would be willing to come to an agreement for partial compensation which includes reduction of costs taking the above into account. To be more specific:
a) Carpets to the dining room, living room, bathroom & utility room.


12: ***


13: It is denied the Claimant is entitled to the sums as claimed, or at all but as said above I will be willing to come an agreement if need be.

[StaceyA]

Re: Set aside app / Landlord/Tenant claim

Right, sorry to be a pain! I've got all of it sorted minus the deposit problem!
I've been over to landlordZONE and the months rent in advance came up. After speaking how it was handled and doing some research theres a chance the judge may see it as a depostit.

When one months rent in advance is paid it is to be used straight away or by a specified date, and any further rent requested would make the previous money a deposit plus because it was withheld until the end of the tenancy (plus and extra 7 weeks on top of that) it strengthens the possibility. I paid £900 on 1st december....£450 for the rent. on the 1st January i paid another months rent and paid every month so forth.

This is just my understanding from what ive managed to find so far.

Could anyone help me on wording this better to put forth to the judge? so far ive got : 3: The Claimant requested a months additional rent in advance. Upon moving in £900 in total was paid on 1st December. £450 was for the first months rent. On the 1st January 2011 another £450 was paid for rent, and so forth until the end of the tenancy.