Court Claim From Ex Landlord ... A Very Worry Crook Type

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Amethyst THANK YOU THANK YOU !!!!!!!

That puts it in plain english for me and now I know what to expect.
I will start putting the defense together now, ive already typed it out in my 'additional info' where Ive gone into further detail, so its just a matter or copying and pasting

Cannot thank you enough, I really cant

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Amethyst, on the Defense form, am I able to just put 'see information attached' or words to that affect?
Because I did what 'Des' said and addressed the particulars of the claim word for word - so it's lenghty.
There wont be enough room for me to write it in the court claim box

and apologies, you asked me previously if he had a solicitor, at this point it doesnt look like he has given his short and ridiculous claim
there's no mention of any solicitor

my concern is that he is in a credit control job and although I'm not sure what or even if, it has an impact on me or this case, this man know how to play the system, so he'll know more than me. I think it's how he's got away with so much

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

You can submit it on an entirely separate sheet - there isn't actually any requirement to use their form, so don't let space rule what you put. will help you with format/layout etc. xxxx Just concentrate on the wording and we'll deal with the rest once that's cracked.

What date does it have to be in ?

Oh credit controllers are rubbish at court claims, you only have to look through the forums to see just how pants debt collectors are at the CPRs.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Hello Again

Ok, here is the Claimants Particulars and I've addressed each line as instructed by Des previously. I am happy for any advice, critisism etc, whatever you deem neccessary/appropriate. After taking everyones advice, I have 'tried' to make sure that I only address the particulars of his claim at this stage and not my reasons in its entirity for leaving.

Am I right now in thinking that I now write up within my counter-claim the reasons:
* I left the property
* explanations of the monetary claims i wish to make

Im no-one legal, I have no experience, so if I've done this wrong, feel free to slate me, any guidance is well appreciated and thank you in advance

Please note: I have in my own document laid this out properly, but because they layout is different on here, it's messed my layout up somewhat :o)

Also note: I have placed in bold the claimants particulars and answered in normal text under each statement he made

CLAIMANTS PARTICULARS:
Rental agreement agreed and duly signed for a 12 month period starting from 1^st April 2015.
Payment of rent agreed to be paid 6 months in advance. First payment received on 27^th March 2015. Agreement was also for Ms *** to pay the Council Tax on this property again 6 months in advance. 200-00 was duly received on 10^th April 2015. Next 6 month payment due on 1^st October ’15. Call received on 17^th October from ****** ****** (partner) stating that they were going to leave the property soon. I called Mr *** back 2 days later and advised that they had a contract which they needed to adhere to. I sent an email on 22^nd October stating that agreement needs adhering to but also trying to assist the Tenants – timelines, etc. No response received. Text received from ***** ****** on 1^st Nov asking what to do with keys. I forwarded the mail sent to Mr *** stating that I would take legal action if email/letter is not adhered to. No payment received. House is empty and in a complete mess with items also missing. Ms **** has also been known as *****


MY DEFENSE:

Dear Sir / Madam

RE: CLAIM NO: xxxxxx
Issue Date: 17 Nov 2015
Court Address: Money Claims Online, xxxxxxxxxxxx,
[IMG]file:///C:\Users\Vanessa\AppData\Local\Temp\msohtmlclip1\0 1\clip_image001.gif[/IMG] Xxxxxxx, xxxxxxxxx, xxxxxxxxxxxx
[IMG]file:///C:\Users\Vanessa\AppData\Local\Temp\msohtmlclip1\0 1\clip_image002.gif[/IMG]

Claimant:
Mr name name
address
address
address


DEFENSE

I, the Defendant, My name, denies that I am liable to the Claimant either as alleged in the Particulars of Claim or at all. Each and every allegation in the Particulars of Claim is denied as follows and I have supplied to the Court all details and evidence in every respect of this Claim and my own Counterclaim, which you will please find attached:

Details of ALL payments ever made to the Claimant by me, the Defendant:

All Payments to Claimant:

• Ł650-00 Bond was paid to Claimant’s name (Claimant/Landlord) on: 2 March 2015 (copy of receipt provided to Court)
• Ł3900-00 6 Months Rent in Advance was paid on: 27 March 2015 (copy of receipt provided to Court)
• Ł430-00 Council Tax for 6 Months was paid on: 16 May 2015 (copy of receipt provided to Court)

Total Paid to Claimant: Ł4980-00

All Above Payments were made in cash as requested by Claimant to the Claimants following bank account:

Mr xxxxx xxxxx
xxxxx Bank
xxxxxxx Street
xxxxxx

Sort Code: xx-xx-xx
Acct No: xx xx xx xx


Addressing the Particulars of the Claim:

• Rental Agreement agreed and duly signed for a 12 month period starting from 1 April 2015:

I the Defendant agree this is Correct

• Payment of Rent agreed to be paid 6 months in advance. First Payment received on 27 March 2015:

I the Defendant agree this is Correct

• Agreement was also for Ms xxxxx to pay the Council Tax on this property again 6 Months in Advance:

I the Defendant agree this is Correct

• Ł200-00 was duly received on 10 April 2015:

I, the Defendant, DISAGREE with this claim entirely. Firstly I have never made a Ł200-00 payment to the Claimant at any point. I never made any payments to the Claimant on the 10 April. I have only made 3 cash payments (detailed above) to the Claimant for the entire time of knowing him, all of which I enclose bank receipts as proof/evidence.

I paid, as agreed, the full 6 months Council Tax of Ł430-00 to the Claimant and can provide the bank receipt as evidence for the Court. It was requested by the Claimant that the Council Tax, as with the Bond & Rent, all be paid in cash into the same amount. As the Claimant was ‘always’ reluctant to provide me, the Defendant, with any receipts for any of the 3 payments made to him, I asked the Bank Teller/s during each payment to place a reference on the Claimants account, which they did each time. All 3 payments were made in the xxxxx branches of xxxxxx Bank. Should the Claimants ‘original’ bank account details be requested by the Court, then the amounts detailed on each receipt will coincide with the Claimants bank account (bank account details shown above).

With reference to the Ł430-00 that was paid for Council Tax, the Claimants bank account will show that a payment of Ł430-00 was paid in cash on the 16 May. This payment was made the morning of Saturday 16 May in xxxx Bank, xxxxx, xxxxxx. It will also detail the council tax reference number of: xx xx xx xx ; my initials and ct (for council tax) ... as per receipt attached.

The Total Amount for the financial year 2015/2016 for Council Tax was Ł862.23 (of which I can provide all copies of all council tax demands). It was agreed that I, the Defendant pay half during the beginning of the 6 month period and if I continued to stay at the property, the second half payable on the second 6 month term. Therefore, Ł430-00 was paid to the Claimant on Saturday 16 May 2015 for this Council Tax period, and NOT Ł200-00 on the 10 April.

I have never made a Ł200-00 payment to the Claimant, the Claimant has never requested a Ł200-00 payment and I had no reason to pay the Claimant such an amount. No payment of any kind was paid to the Claimant on the 10 April as stated in the Claimants particulars. The Claimant has made a blatant lie to the Court and I can provide to the Court coinciding receipts. Along with this the Claimants bank account statement/s will confirm this.

Please note: I am not privy to the Claimants bank account or his details, therefore, I ask the Court to take into consideration that it would be impossible for me to know that Ł430-00, the exact half of the total amount of council tax (Ł862-23), would be on his account, if I had not paid this, and to also take into account that Ł430-00 is indeed half of the overall council tax, the amount agreed between me the Defendant and he the Claimant that was required to be paid. Eventually after continually chasing the Claimant, he paid the Ł430-00 to the Council after around two and a half months of chasing him to do so. Therefore, the Council Tax for the period of 6 months that I had the Tenancy has been paid and nothing is owed to the Council for the 6 month period commencing 1 April 2015.

In addition to the problems I had with the Claimant paying the council tax, the Claimant did not transfer my payment to the Council and as a consequence I received 3 sets of threatening letters from the council, stating it was going to court. I spent two and a half months chasing the Claimant asking what had happened to the Ł430-00 I had paid to him, and the response was always the same, ‘the council didn’t cash his cheque, the council were at fault, I should trust him etc, the cheque he sent them with my payment had crossed over in the post with their demand letters’.

During the period of me chasing him regarding non-payment, I sent him a text message asking if we could speak about concerns I had, and he did not want to discuss the matter with me, instead he accused me of calling him a ‘liar’. The Ł430-00 was eventually paid through him approximately two and half months later, after constantly asking him what had happened to the money paid to him and continually worrying about the threatening letters I was receiving.

I can also supply the Court with other Council Tax Demand letters that came to the property. The Claimant does not live in *****, yet still had his personal mail coming to the address of the property. I informed the Claimant each time a letter came for him and he wanted the letters opened and read to him but he never wished them to be scanned in and emailed to him, nor did he wish to have them posted to his home.

The other council tax letters will show the Court that the Claimant had outstanding debts with the Council prior to me taking on the tenancy. However, even though the previous outstanding debts were nothing to do with me, the letters still came to the address, they were threatening and about to go to a bailiff, causing me a great deal of worry, stress and constantly having to chase him to sort it out. Again, it was eventually sorted out approximately 2 and half months into the tenancy.

Please note: Along with other issues this was another factor contributing to me not being able to live at the property for fear of bailiffs calling. It should be noted that I remained at my partner’s home during the full 6 months and several occasions prior to me taking on the tenancy and during the tenancy bailiffs called to surrounding neighbours addresses asking if we/they knew where the owner could be found

• Next 6 Month Payment due on 1 October 2015:

This would have been true had I not ended the Tenancy as per Tenancy Break-Clause.

The tenancy states in the break-clause that both parties can end the tenancy on months 6 (of any 6 month period). However, as this is an unusual tenancy whereby the Claimant would not give me his home address, nor any address to direct mail etc.

I therefore contacted the Claimant, end of month 5 (30 Sept), and said I was sorry but I had to end the tenancy using the break clause as it was unliveable and there were other issues I felt I had tried to sort out with him but he was never willing to discuss anything with me. He was extremely angry.

The Claimant was annoyed and demanded further 6 months payment. However, as not to leave him without a tenant, I suggested that I would be willing to help him look for another tenant to take over the second 6 month period and also as he lived in ********** I was happy to oversee the property for him for a period of 6 months (only), but only on the provision that he sort out the house to a liveable/rentable standard this included the black mould, failed faulty electric, condensation, broken windows, provide access from the back patio doors (as there is a 3-4 ft drop and no steps etc) and all other issues that was making the property uninhabitable. The Claimant left the phonecall saying he’d get back to me.

• Call received on 17 October from **** ***** (partner) stating that they were going to leave the property soon:

I, the Defendant, agree IN PART to this part of the Claimants statement.

I am not sure of the exact date of the phone call, but I agree that I did ask my partner, ***** to call the Claimant as it was around two weeks into October and I had heard nothing from the Claimant regarding the house and whether he wanted to go ahead and bring the house up to a suitable standard etc in order to rent and take up my offer of helping him look for a new tenant. My partner confirms that the phone call was around this date.

Although I had never lived at the property due to the condition it was in and other surrounding issues, I had kept some of my belongings there in bags and these were removed during September. But, due to me not knowing the Claimants address, I had no-where to post or give keys as there was no agent involved.

I had no reason at this point to believe the Claimant and I were on bad terms.

Please Note: The Claimant makes reference to ‘they’ in his statement, it should be noted that it was my name solely on the Tenancy

• I called Mr **** back 2 days later and advised that they had a contract which they needed to adhere to:

Again the Claimant makes reference to ‘they’ when I, the Defendant was the sole name on the tenancy.

The Claimant did make contact 2 days later, but only emailed my partner, he did not ‘call’ as in telephone. I myself received no email. He did not ‘telephone’ either of us. He did make reference to the contract. In his email, he does not mention anything about my suggestion of him bringing the house up to standard and my suggestion of helping him find another tenant. In his email the Claimant only mentions the contract (tenancy), his well-being and his demands for a further 6 months rent.

• I sent an email on 22^nd October stating that agreement needs adhering to but also trying to assist the Tenants – timelines etc. No response received:

Again the Claimant refer’s to ‘tenants’. So again I reiterate that this was a sole tenancy with only my name on it.

I, the Defendant, received no email and neither did my partner. I cannot dispute whether the Claimant definitely sent an email or not because it was not received this end. He may have sent an email but I have not received any email from him. I have never had a problem with emails so it would be unusual for it to have been sent and not reached me.

However the Claimant was given notice in August that I was ending the tenancy and I tried to help him by suggesting that I assist him in finding another suitable tenant, again on the agreement that the house issues be sorted out professionally.

• Text received from ‘My name’ on 1^st Nov asking what to do with keys:

I, the Defendant, agree this is correct.

I did text the Claimant asking what he wished me to do with the property’s keys.
I received no response to that question.

I also asked him if he would like *** name of his friend **** (his friend) to have them (as his friend lives local). I received no response to that question.

I received a text from the Claimant the same day, saying that he had emailed my partner a while ago and had also ‘sent me a letter’ (I did not, and still have not, received any such letter). In this text he also said, to quote “ if the requirements from my email and letter are not completed by tomorrow then I will be taking immediate legal action by close of play tomorrow”.

I explained to the Claimant that I would ask my partner to forward me a copy of the email.
I also told him, the Claimant, that I had received no letter from him.
He made no response to this.

I asked the Claimant what his home address was in order to post the keys back to him by recorded delivery.
He made no response to this.

I also explained to him that his house was unliveable; it was covered in black mould amongst other issues with the house. I explained that legally I was not allowed to touch it as it needed to be treated professionally (I had previously taken advice from Health & Safety Executive and Environmental Health and Citizen’s Advice regarding the black mould issue and due to it being a rented property and the extent of the mould they advised me that it was the Landlord’s (Claimant) duty to remedy this.

I explained within this same text message that the black mould was a health hazard and should be treated professionally and cannot be painted over.

Along with this I told him that I had attempted to decorate (as he had continually asked me to do so) but due to the mould I was advised to stop by the professional bodies that I had contacted. The electrical sockets on the walls were hanging off and faulty. The house was unliveable and a danger and I believe still is.

Due to his now aggressive and threatening attitude, I asked him to contact me directly in writing (rather than text). I also informed him that should he take legal action then I would also take the necessary steps against him.

I then again made another attempt to ask him his address in order to post the keys, but also advised him that if I did not hear from him by the end of the day (1 Nov) then I would have no alternative other than to post the keys through the post box at the address as I was leaving **** that day.

Please note: The Claimant left me in a very difficult situation with regards to the keys. I had nowhere to post them, there was no agent or representative I could leave them with and he was also avoiding anything to do with the keys. As a Landlord, he was aware beforehand that I was vacating the property and should have taken it upon himself to do a Landlord inspection prior to the date of my leaving. He made no attempt to do this, or any suggestion of anyone else living closer doing this on his behalf. Therefore, I had no alternative other than to leave the keys in a post box made secure.

He, the Claimant, responded, once again avoiding my question of where to put his keys but instead advised me that ‘all correspondence will now be via email or solicitors’.

I made one last attempt to ask him his address and advised him again that I was leaving **** that day and should I not hear from him before 3pm then I would post keys through mail box.

I did not hear from the Claimant again after my last text message and therefore I checked the house for security one last time, made sure everything was locked securely and put keys in letterbox. The postbox is on the outside of the house on the wall next to the front door, and it’s wooden. There’s a slot to post the mail and a top opening to retrieve mail. The slot to post the mail is not big enough to put a hand through, so in order to secure keys I had the top of the box nailed closed for security, but still allowing for the postman etc to post mail.

Backdoor and garage keys (which was all that was given to me were left on kitchen worktop).

• I forwarded the mail sent to Mr ***** stating that I would take legal action if email/letter is not adhered to. No payment received.

Once again the Claimant refers to my partner, and once again I will reiterate, my partner was not on the tenancy.
I did not receive any email from the Claimant. However, I had previously asked my partner to please forward me the email he had received from the Claimant.

No payment was or has been sent to the Claimant. I have outlined why I had to end the tenancy within my counter-claim.

Please note: Prior to leaving the property, as mentioned, I gave in and attempted to redecorate as this is what the Claimant wanted and kept asking me to do. As I have mentioned, the only decorating attempted was in the double rooms downstairs and only the wallpaper was stripped off. I had to stop decorating due to the mould and open live wires that I found when I took the wallpaper off and seek professional advice, which I did from Health & Safety Executive, Environmental Health, Citizen’s Advice, some legal advice and advice from two estate agents. What the Claimant has not mentioned is that I left for him brand new wallpaper to cover the double room. The wallpaper was brand new costing 20-00 a roll.

I did not hear anything from the Claimant again until 13 November after he had told me on the 1 November that ‘further communication will be through his solicitor’.

On the 13 November, I received an angry text message telling me that he was at the address and he was appalled at the state I had left it in. Please note: With the exception of the double rooms downstairs being stripped back of wallpaper, which was at the Claimants request, the property was left in exactly the same state as when it was taken on as it was beyond my capability of repairing it and dealing with the structural problems the property had. Therefore, I did not live in the property or stay at the property not for a single day or night.

Should the Court require, copies of the 6 months utility bills could be obtained and will prove no-one lived there as no utilities were used during the 6 month period.

In his text he said ‘his’ keys no longer fitted the front door and accused me of changing all the locks and demanded to know where the keys were.

I replied to him telling him that the keys were in the post box as I had advised him on the 1 November and where I constantly asked him a number of times where he would like me to leave the keys, but he chose to avoid answering me. I advised him also that for the security of the keys, as he refused to give me an address or somewhere to leave the keys, I had the post box nailed closed. I reiterated that I had asked him many times for an address to send or leave keys but as he had ignored my messages regarding the keys, I had left them in the post box, which was my only option, which I reminded him, I did inform him several times on the 1 November.

I also stated to him that the only thing done to his property was the wallpaper had been stripped back ready to decorate as this is what he kept insisting, but on doing so I kept coming across more and more black mould, condensation and structural problems i.e live electrical wires exposed, damaged walls, un-sanded channelling of walls, holes in walls etc. Where there wasn’t mould, I did go and buy white emulsion and gave it one coat but due to the walls being in such a state and the discovery of open live wires behind the wallpaper, I consulted with professionals as what to do and I was told that it was the Claimants duty and responsibility to see to such things. At least by stripping the walls the Claimant can now see the extent of how bad a condition the walls are in or at least consult a professional. At the same time, stripping back the wallpaper will, I have been advised, allow the walls ‘to breath’ and make treating and decorating an easier task for the Claimant. I also left the Claimant some expensive wallpaper in place of what was stripped off, even though it was his request that I decorate.

I also reminded him that I had purchased for his property a brand new front door, double glazed, in keeping with the rest of the street. This was purchased during the first week of the tenancy and with the Claimants permission as not only had the previous tenants broken the old wooden door originally on there, making it unsafe and easy to break into as well as unsightly, it was also not fitted flush to the floor and had gaps all around, therefore letting out a lot of heat and letting in all the drafts. The door should have been condemned as it was not suitable as a main front door given that it was both unsafe and let in so much cold air.

Please note: The new front double glazed door was put in with his consent and this was discussed the day I met with him to hand the keys over to me, I did not at any point ask for any money towards payment of the new door (door cost 300-00).

I reminded the Claimant in this message that as the front door had changed, and naturally his keys would no longer fit. Had I had an address for him then I could have posted the new keys to him, but I didn’t and he never asked for any even though he was aware of the door. He has a friend who is local who told him early on that the front door was a great improvement to the house, his friend could also have picked up the new keys but there was never any suggestion by the Claimant to do this.

He was told in the same message that the back door keys were on the kitchen unit along with the garage keys and these keys had not changed (so I’m not sure what he meant about having all the locks changed).

House is Empty:
I, the Defendant agree that yes the house was empty, as there was no-one living there at the time he text me on the 13 November (at least none that I was aware of).

It is also in exactly the same state as it was at start of Tenancy as the property was never lived in or occupied.

The property was unfurnished. While in a very bad state of repair and filthy dirty and covered in black mould and condensation, the only things the Claimant did prior to letting the property was have new carpets fitted throughout and a new kitchen / cooker / hob put in.

• The carpets remain untouched as I never lived there so there was no-one walking on them

• The cooker hob was never used

• The cooker was never used. In fact, as per photos, the Claimant never arranged for the cooker to be fitted

• The extractor fan above the hob, whilst new and remains in its packing, also was not fitted, as can be seen in photographs provided to the Court

• .... and in a complete mess with items also missing:

The house was completely uninhabitable, it would have been a danger to live in and I have provided the Court with photographs as evidence. Should the Claimant suggest that any of the filth at his property be of my doing, then an environmental health officer would be able to prove the length of time it has been in such a state.

I am a non smoker and the ceiling, coving and tops of walls are covered in nicotine, reminiscent of what I initially thought to be a boiler flood upstairs. It is so bad it looks like water marks.

The walls and windowsills are covered in black mould and other walls the paint is ‘bubbling’ from condensation. Even the filthy existing lampshades and curtains had black mould spores on them.

The previous tenants were known as ‘the smokers’ and known to have abused the property. While the Claimant did not live at the property at any time, and I believe did not cause the filth or disrepair at the house, and it is quite clear that it was caused by the previous tenants (to which surrounding neighbours were aware of), it was still and is still the Claimants responsibility as a Landlord to ensure the property is to standard in order to let to a tenant. The Claimant cannot insist that he was not aware of his property being in such state as he did most definitely visit the property often enough to know. He also was present on the first day of the tenancy to hand over the keys which was also the first day I saw inside of the property.

It is not my responsibility, nor any other tenant/s to decorate or clean up someone else’s mess or refurbish for a Landlord. The Claimant is suggesting that I am responsible for what other people have done to his property and for his lack of interest/investment into his own property.

Please note: I will be happy for a member of the Court (not the Claimant) to arrange to attend the home I am now living in as evidence that my home and the way I live do not resemble the Claimants property in any way at all, as reinforcement that the filth and squalor of the Claimants property does not reflect on m

Regarding ‘items missing’ ... the Claimant again is lying in his claim. I have never stolen or taken anything in my life. The property was empty. The Claimant has stated ‘items missing’ but has not mentioned what items he is talking about. Nothing was taken from the property. There was nothing to take at the property.

Ms ******** has also been known as *********:
My name is ****** ********* , and I am not known as ******* unless this is something I am unaware of. If the Claimant is referring to my email address, which is ‘*********’ then the email is in that name.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Amethyst, you are beyond wonderful - thank you

I've just sent through to you above, the particulars I've addressed

I'm just putting together the reasons for terminating the tenancy, and the counterclaim - I had it all typed up in my additional info but I kept making reference to additional info and photographs, receipts etc. As these are not needed at this point, I need to simplify what I've typed. Well at least I hope that's what I need to do :tinysmile_cry_t:

The paperwork needs submitting by Monday. The court staff told me I had an extra 28 days, when I rang yesterday for some information, they told me it needed to be in by Monday. I've typed it all up, I think it's just needing to know what is required at this stage, what isn't, what to keep up my sleeve ... if indeed anything ......it's all new

and if I win the case, I'll be really glad to help someone else but my god I dont want this on me again :o)

Once again, not enough words to say how grateful I am, big thank you's xxx

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

I am so grateful for the help I have had from this site. I havent got much at the moment but I dont and cant expect things like this for free. I would really like to make a donation to the site on Monday, please let me know how to do this. I don't use people and I know this is a legal help site, but without you at the moment I'd be in a right mess and very lost. I have to make a donation for the kindness shown to me here. It wont make up for all the help I've received but I hope it shows you how appreciated the help is. Really is. Sess

[MIKE770]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

You are most welcome!

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

I am so grateful for the help I have had from this site. I havent got much at the moment but I dont and cant expect things like this for free. I would really like to make a donation to the site on Monday, please let me know how to do this. I don't use people and I know this is a legal help site, but without you at the moment I'd be in a right mess and very lost. I have to make a donation for the kindness shown to me here. It wont make up for all the help I've received but I hope it shows you how appreciated the help is. Really is. Sess

That is very kind, the best way to support the forum is to Join VIP -> http://www.legalbeagles.info/forums/payments.php

I'm going through your defence now.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

thank you both
and thank you for the link - i will do this monday

Hi Amethyst - because i'm not used to this - what I've sent you is just addressing the particulars

I have typed everything else up i.e why I had to terminate tenancy, reasons why i never lived at property, the fact I have receipts for everything and photographs, details of the house being uninhabitable, the bond not put into a scheme, no gas safety certificate ......... but I've not put them in the particulars as I was awaiting your instruction

xxxx

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Do we have the tenancy agreement posted on here? ( and can you give me a link pls.)


This might look short, but don't worry, the main bulk of your what happened when/where etc will go in your witness statement, am working through the main facts first xx

In the NORTHAMPTON COUNTY COURT BUSINESS CENTRE (or your local court wherever the claim form came from)

CLAIM NUMBER: XXXXXX

Mr ******
Claimant

v

Sessie
Defendant

----------------------------------------------------------------
DEFENCE
---------------------------------------------------------------

1. Save where otherwise accepted within this Defence, the Particulars of Claim are denied. The Particulars of Claim are vague and do not give a breakdown of, or reason for, the sums claimed. The Claimant denies that Ł4100 as claimed, or any sum, is owed to the Claimant.

2. It is admitted that a Rental Agreement for a 12 month period starting from 1 April 2015 was agreed between the Claimant and the Defendant for the property known as xxxxxxxxx address xxxxxxxxxxxx ( "The Property" )

Payments

3. The Rental Agreement was signed on 2nd March 2015 and payment of Ł650.00 was made by the Defendant to the Claimant on that date in respect of the Tenancy Deposit.

4. It is admitted that the Defendant made payment to the Claimant of Ł3900.00 in respect of 6 Months Rent in advance. This was paid on 27th March 2015.

5. It is admitted that the Defendant agreed to make payment for Council Tax to the Claimant for 6 months in advance. It is denied that the Defendant made payment of Ł200 on the 10th April 2015.

6. The Defendant made payment to the Claimant in respect of the Council Tax of Ł430.00 on 16th May 2015 as per the Tenancy agreement
'' Will make payable directly to me, the Landlord, payments for Council Tax in advance every 6 months during the period the named Tenant occupies the property ''

7. In total the Defendant made payments to the Claimant totalling Ł4980 between 1st March 2015 and 16th May 2015. All payments were made by paying cash directly into the Claimants bank account xxxxxxxxxxxxxx, sort-code xx-xx-xx. The Defendant has evidence of these payments being made.

Rental Agreement

8. The Rental Agreement was an Assured Shorthold Tenancy for 12 months.

9. The property was Unfurnished.

10: The tenancy contained a break clause
6.7. Break Clause: This Assured Short-hold Tenancy with a 12 month Term may be terminated by either party, equally, at the beginning of any sixth month during the Agreement during the first year of the Tenancy



The Property

xx. The Defendant did not move into the property at any time due to the amount of work required to make the property habitable. During the period 1st March 2015 and xxxxx October 2015 the Defendant lived at her partners property at xxxxxxxxxxxxxxxx address xxxxxxxxxxxxxxxx.xx.

Council Tax:
I have requested that the Council Tax remains in my name and you have agreed to pay me directly via my bank account every six months. The first half due for this financial year is Ł430-00. Failure to pay me will result in the termination of the tenancy early and I reserve the right to do this prior to the break-clause. I have supplied you with details of my bank account and on receipt of payment from you I will immediately transfer said amount to the council and will notify you when this has been paid.

Bond:
You have paid to me a deposit bond of Ł650-00 on 2 March 2015. This will be transferred to one of the Government Bond Protection Schemes and you will be notified within 30 days of the Scheme it has been transferred into.

Rent :
You have agreed to pay me 6 months in advance for this first year period of which both the break-clause(point 6.7 of Condition 6) and point 6.8 & 6.9 of Condition 6 apply. Your first payment was received on 27-03-2015. Should your tenancy continue beyond 12 months we have agreed to discuss monthly or advance payments closer to the end of the tenancy.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

oh my god - you did that for me????
I dont know what to say - i think i'm going to cry
i am so grateful - i cannot believe you just did that - im speechless

yes I have my tenancy agreement - do you want me to just send to you the break-clause wording opposed to the entire agreement?

amethyst - beyond grateful - and nearly in tears at your kindness

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Lol, it's fine, I haven't finished yet xxxx

Can you send me the whole agreement if you can pls. admin@legalbeagles.info

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

eventually sent - sent about an hour ago
please dont look at it tonight - get rest - you've done enough for me today and I'm beyond grateful
sorry for the delay - it wouldnt scan, then it would, then i needed to cover details, and it all went wrong but i think i eventually got there
if it doesnt come through right, let me know and i'll send again

I didn't sleep last night worrying as this is alien to me - i do enjoy law but it's very different when you're in the hot seat
I've learnt so much from you that as i'm learning (from you) as I go along, you make it look so simple (I said 'you make it look simple' :o) not that it is simple :o) )
........ god i wish i had that type of brain

THANK YOU TO YOU - AND ALL OF YOU XXXX

[Amethyst]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

Got it, thank you xxx

That's a bloody defence in itself really isn't it ! Superb.

[Sessie]

Re: Court Claim From Ex Landlord ... A Very Worry Crook Type

It is?
Am I missing something? your genius eye sees something I've missed obviously

I forgot to mention: the lady from shelter who was hugely supportive on phone emailed me with a list of things to mention in the counterclaim:

list the 8% (which i didnt know about) - my partner knows how to work it out, we just dont know from what date we start adding the 8% on, from the start of tenancy? or from the start of his claim (17 Nov)

and also, I told her all about the interior of the house, mould, electrical sockets hanging off walls, most not working, cooker not connected, window seals burst and full of condensation (really, explaining this house wont give a true picture, picture 'the young ones' house and that would be a step up from this one)

as well as he's concealed his address (even on the court claim he's put his work address .... that was the first time I even knew any address for him, I told her I have an original letter from our council offices (wales) saying they accept 'his postal vote' , but he lives outside of wales, never lived her, has a family and home address

And after telling her everything above, she said i need to report him to trading standards ....... except i dont know why or what reason I would have to do that (as i've never had dealings with trading standards)

Elec.Role:
concerning electrol role, I rang 3 different councils who all gave me different answers ranging from, no he cannot be on 2 electorol roles.....other said, yes he can but he can only vote once (to which I asked then how do you know if people arent voting twice? if they can our voting system figures are corrupt, to which say said 'well, it's all confidential as you know so we have to trust people) and the other said yes he can be on as many electoral roles as he wants .............. therefore our own councils have no idea. I know he's doing something dodgy, but I cant get any info from anyone to prove it, ive left messages with the electoral role commission but it's impossible to get through to them

Regarding Bond & Gas Safety Cert:
Im happy for this to go to the courts mediator for settlement, I would be happy take full reimbursement of rent, bond, front door, garden materials

But initially in my counterclaim before im asked about settling, I'm guessing that I have to be ruthless and list everything, but I'm not sure how the bond bit and gas cert should be mentioned

so i would state full reimbursement of the 6 mths rent
bond plus the penalty for not putting the bond into a scheme by law (?????)
8%
council tax
front door / garden materials
then no gas check (i dont know when this is mentioned)

* then there's the gas .......... ok, i dont know if i'm allowed to do this in a settlement but I'll throw it out there and see what you think and if i'm wrong and stupid (which is usually the case) throw something at the screen at me :o) .......... what I was going to say is: I am happy to make a settlement of:
full 6 months rent back
single bond of 650-00 back
door and garden reimbursed
which is 4980-00 there abouts

which will exclude:
chasing (i know not right word) the penalty for not placing it into a scheme which i understand 'can sometimes' be x 3 times
i will not look for the 8%
I will not look to take back the 430-00 ct
and I will not (as I havent at this point yet) report him to the HSE that there was no case cert on the provision that he gets one done immediately and I receive a copy (i felt that if i didnt stipulate in the settlement that i required a copy, then it looks like i'm just williing to settle and there's a high chance that by not inisiting he gets a certificate done (as the house is up for rent now) then I will be putting other people at risk

I guess Ive not idea where and when these bits go in
Im worried that as i dont know the system, can the judge look at this now and if I havent mentioned the above in my counterclaim, then he'll make a decision and thats that ..........or does it have to go through a certain process and cannot be made a decision on at this point (is my head full of spagettii?)


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