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Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

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  • Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

    Hi all,

    Thank you to Kati and a few others on here - my case is done pretty much and the landlady who took me to court for damages for £4000 has not won.

    By this, I mean the Judge caught her in many lies and has written a 4 page hand down and at the end has stated that me the defendant- has not sought a claim for breach of 'quiet enjoyment' and that as the landlady watched me on CCTV pointed at my door only 24/7 and supplied the court with 180 photos of me- he recommends that before hands a final judgement- that I do so in what he calls a possible 'viable' claim.

    He has judge that the landlady is not to be trusted and has gone too far in what she has done with this case. So if anyone can help ?- I now have 5 days to claim against my ex landlady for a breach of quiet enjoyment,

    The facts: Her converted garage is attached to the back of her own house in her garden area.

    No CCTV sign is up, no written or texted document, nothing in the tenancy on the CCTV. I had no idea until the court case. She has also kept the CCTV for some time after I left.

    The landlady called the agents (that she had only sought to get the place let) within 3 weeks of me moving in- They called to apologise asking if I would let her know when I was going away if I was to go on trips and so forth. She in fact called them so many times they told her to go away- but I cannot say that. By the 4th week it was clear that she was intrusive and nosey.

    I moved in on Nov 7th 2014-By Dec 10th the landlady had- knocked on my door over 5 times without notice. Had 1 property inspection. The landlady was letting out a bedsit no bigger than a slightly large Garage size but began to tie letters to my door requesting inspections every 4 weeks which seemed onerous for the tiny size of the property.

    I talked to her frequently as she was always in the yard area but outside my windows, her friends also began to use the rear entrance past my windows and door rather than her front door (sadly its named as shared access on tenancy) The landlady had told me one day that she knew what time I left and when I was coming home- which I found odd but put it down to her being older and a curtain twitcher-so to speak.

    Between the 3rd week of me moving in (Dec time) and Feb 4th- it had become apparent that the heating was being kept off (due to the boiler being in the landladys house) I had texted her numerous times and about the cold temperature of the water (in-fact I believe her to have been controlling the heat and water as she disliked me having visitors as she told her neighbours on a regular basis while stood beside my bedroom window).

    Feb 4th comes around and my Mum attended the Feb inspection to which the landlady bought a friend with no notice- her friend went through my personal effects. By now I had around 7 letters asking for more money for the internet and for the ariel being put in and to have access when it suited her. I had been there since Nov.

    In one of her letters she asked to me to tell her when I would be away- where, how long for and for the address and a phone number.

    By the end of Jan, I had seen her so often, had numerous letters and had her friends using the only entrance I had -and I am in doubt it was so they could watch me. Obviously I was being unknowingly watched 24/7. At this time in Jan, I was not showering often and was stressed and hated being there so began getting my Mum to pick me- I suffer Lyme Disease with heart issues (so had been hoping to just have a little quiet place to live). I started to stay out between 10am and 6/9pm each day. I was freezing in the bedsit and began suffering with my heart.

    The stress a year of this case has caused is not something I was have bothered with before I got sick- but it has cost me a lot of my health.

    How now- do I best proceed with this ? I had no intention of claiming and as it stands- the judge has awarded her some cash plus my deposit- though the judge has said there is no payment to be made until I submit to counter claim if I wish.

    Please also know that the landlady actually told the judge that she disliked the 'comings and goings' so he was very aware that she was keeping an eye on me and my life. I felt pushed out of the place. I began to hate being home on top of the water and heat issues.

    Please help ? thank you so much.
    Tags: None

  • #2
    Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

    Just giving this a bump for you

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

    Comment


    • #3
      Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

      Thank you kindly Paws...Anyone help me at all 😕 ? thank you.

      Comment


      • #4
        Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

        To keep bumping this up :
        the judge prompts a counterclaim for interference with the statutory right to enjoy .
        The counter claim has to be filed as per CPR part 20.4.
        You need to write out your particulars of counter claim (much the same as if it was a claim) and file with the court and serve on the original claimant (who is now the defendant) according to the directions given by the court.
        As your claim is for damages you coud leave it as "unspecified", which would enable te court to decide on the level.

        Hope others pop up to help with wording

        Comment


        • #5
          Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

          I'll tag [MENTION=87380]Diana M[/MENTION] [MENTION=55034]nemesis45[/MENTION] [MENTION=15129]Crazy council[/MENTION] [MENTION=6]Amethyst[/MENTION] and [MENTION=2]Celestine[/MENTION] xx

          - - - Updated - - -

          link to previous thread - http://legalbeagles.info/forums/show...-%A33000/page3
          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

          It doesn't matter where your journey begins, so long as you begin it...

          recte agens confido

          ~~~~~

          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

          I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
          But please include a link to your thread so I know who you are.

          Specialist advice can be sought via our sister site JustBeagle

          Comment


          • #6
            Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

            Hi

            I will have a read through later when have more time.

            I think, it would be along the lines of protection from harrasmsnet from a landlord ( the old way to do this ). Breacxh of quite enjoyment would usualy meen one oif 2 outcomes if proven.

            1. The rent for the peroid that you enjoyment was breach, woukld only be a pepercorn rent ( equivilant to storage charges )
            2. No rent would be due for the period.

            On top of this, any cost you have incured haveing to deal with the things the LL ius doing that have breached your quite enjoyment over the time in question.

            I have seen judges use this to teach LLs a lesson, but, the figures awared have never been large, or proprtionat to the intafearnewce from the LL. Usualy rent returned pluss up to 2k damages ( but thats for some of the more extreem ones, like male LLs being over familair with femail TTs, But, i have seen the the figure of 2 months rent, on top of any rent returned, as being a common figure for paperwork hassle.

            I am snowed under with my own work at the mo, so might not be able to get badck on this in time, i will get chance to read later and will jjst add any points that jump out.

            On a note of caution. I do have alot of experience around tenacys because of my prior jobs, but it was in the past, and some of the my advice may be outdate becasue of law changes that i havent accounted for.
            crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

            Comment


            • #7
              Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

              Thankyou indeed! 😊

              Comment


              • #8
                Re: Judge orders to seek 'breach of quiet enjoyment' -5 days to go-How to proceed?

                Wonderful 😊 My Landlady had CCTV i knew nothing of and filmed me 24hrs a day. She also repeatedly visited numerous times a week with no notice. The heating was controlled by her and cut off by her regular- as was the internet and water temperature. I tried to leave early by offering an earlier leaving date...she did not come back to me. I tried to leave due to lack of privacy and lack of heat and water..she forced me to want to leave.
                She also questioned any visitors I had and her house was attached to the bedsit, so her backdoor was beside my front door. She admitted to the court that she had neighbours watching me too.

                I guess due to controlling heat and water and the CCTV..the judge seems to believe I should claim against her She harrassed me until I offered to leave and the she filed a section 21 AFTER i offered. 😊

                Comment

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