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Completing a N208, witness statement and exhibits

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  • Completing a N208, witness statement and exhibits

    Hello Beagles

    We are looking for some assistance with completing a N208 and witness statement and including exhibits.

    All is pretty much complete so just needs to be checked over really.

    Brief history:
    Landlord failed to protect our £3175 deposit for our first tenancy. Only registered it when we asked him about it during our second tenancy. We enquired because we were scammed out of a month's rent when we received a fraudulent email from his email address telling us he had changed his bank details. We were advised not to pay the rent a second time as we had paid in good faith. He claims it was our email account that was scammed but we were told by his assistant that his other tenants also got the same email (no evidence to prove this, only her word). Relations broke down, we found another place to live and had to leave two weeks into our notice period in order to secure it. We sent a notice before action and have received a response from him and his solicitors. They are threatening a counter-claim. We had issues whilst living in the property some of which were dealt with, others not. There was no inventory done but we did a lot to improve the state of the place while we were living there. We have been told that because I dug over the garden and laid new turf, if might count against us...

    It is not clear whether the landlord is either the man we had been communicating with or the company of which he is sole director. . We understand that we can name him as defendant as long as we state that Section 251 of The Housing Act 2004 gives us the power to do so. He has had to obtain a landlord licence from Tower Hamlets and knows the rules. The company's business is registered as "buying and selling property". We know he has other tenants but we can't find evidence of that on the Tower Hamlets licensees page. Initially we were going to pursue for both incidences of non-compliance but have been concerned about the counterclaim and the amount we would be asking for as remedy.

    We would be really grateful to have our documents given a once over to check that they are correctly completed and presented.
    Additional questions are:
    1 - How do we tackle this as a Part 8?
    2 - If we pursue the LL for 3xdeposit on the basis that he is experienced and would have known the obligations, would this be greedy?
    3 - Is a Part 8 treated in the same way as a small claim?
    4 - If we only pursue the first non-compliance can he counterclaim for the unpaid fraudulent rent if it occurred in the second tenancy?
    5 - If we are considering an additional claim for the second incidence of non-compliance the combined amounts would take us over the small claim limit of £10000. Should we do this at a later date or consider lumping it all together?

    I'm sure there will be more.

    I'm attaching the letter before action, the body of the N208 claim and the witness statement. Please let me know if there is more you need.

    Thank you
    Attached Files

    "There is a wonderful mythical law of nature
    that the three things we crave most in life
    - happiness, freedom and peace of mind -
    are always attained by giving them to someone else."
    PEYTON C. MARCH
    Tags: None

  • #2
    Hi there, just going to move you to the court forum then will have a read through
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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