Urgent help needed with defence and counterclaim

[echat11]

Here are some other links - https://www.lawworks.org.uk/legal-advice-individuals

[islandgirl]

Echat you have given me an idea - could the OP go to his local university law school for advice - many run clinics and will help in just this kind of situation

[echat11]

Echat you have given me an idea - could the OP go to his local university law school for advice - many run clinics and will help in just this kind of situation

Absolutely, quite a few run free advice clinics backed up by Professors in Law.

(I absolutely deny giving you an idea)

[Blueeyes1]

I have tried to get my head around this thread but it is difficult. I think the appeal is against not being allowed extra time rather than against the decision is that correct? Thank you for your reply and sorry if the thread is difficult for you to understand. I am so confused - I think my appeal is for both reasons?

In terms of the actual defence to the LLs claim I have found the details of the situation from earlier in the thread

The issues around items unsafe and not working should have been addressed during the tenancy. The council could have been involved etc to ensure the LL fixed the items. Reporting to the council didn't even cross my mind at the time - I tried my very best to address this amicably with both the landlord and letting agency at the time.

The harassment must have been horrible but I doubt it will be of interest to the court. The retaliatory Section 21 would probably have failed if you had wished to stay in the property but I understand why you did not. It absolutely was horrible - I tried to be reasonable with the landlord and letting agency, and felt I wanted to move out ASAP, as it was clear they were not going to resolve anything - However the home move had cost me so much money and stress and without any recompense, I was not able to move out straight away. I gave them every reasonable opportunity to resolve. I became unable to work and was unwell, as a direct result of the harassment etc... I paid as much money as possible, to avoid being made homeless, but was served notice as retaliation for communicating the disrepairs etc.... I then fell into arrears, not because I was "withholding rent money", but because I could not afford the rent at all. I had no enjoyment of the property at all and was an absolute nightmare for me from the very beginning.

The security deposit is an issue - if not protected your claim for 3 x its value should succeed although I do know there is a specific way to claim this through the courts. The deposit was put into a scheme, but my argument is that I should have been entitled to a refund of upfront rent paid & the security deposit, so that I could move into alternative accommodation, as they refused to rectify any problems, but was refused any refund or recompense and was therefore unable to move out sooner.

If you had a check in inventory and a check out inventory the LL can prove his claims. If not then your version of the state of the accommodation should be accepted and the LLs claims dismissed. I have ample evidence regarding the condition of the property, although I was previously advised not to submit this evidence to the court at this stage, and now seemingly will only have opportunity to do that if appeal is accepted.

In my view you will not be entitled to a refund of rent. If you can prove you paid for repairs which were the LLs responsibility that section should succeed. I wasn't able to pay for the extent of repairs required - Such as a fitted range gas cooker, shower, new carpets etc.... All of my money was spent on the cost of moving home, security deposit, upfront rent, removals, etc.... I felt I gave every reasonable opportunity for necessary disrepairs to be sorted out.... I also offered to sort them out myself and deduct from rent, which was refused.... I tried to keep paying the rent as didn't want to be made homeless.... I couldn't afford to pay for a new range gas cooker / shower / or any of the other major disrepairs, but I did have to pay for a few things, such as a new mixer/shower head attachment for the bath (so that I could wash my hair), as the existing one was broken. The letting agent also told me that the privilege of being able to watch TV was NOT an essential item and they refused to pay for aerial - So I had to pay myself and was refused any refund of the cost.... I also paid for security bolts/locks to be fitted on the gates, as was very insecure and the key I was provided with was broken on the circular part of key and actually cut my hand when unlocking the door.... I was also being harassed and stalked by LL and neighbour friends, and you never know who has a copy of keys to the property.... I felt very unsafe and insecure in the property, so paid myself to have the locks changed.... The carpets in he property were not cleaned and very old.... I couldn't afford to replace things like that and didn't feel able to withhold the rent, through fear of being made homeless.... I paid 5/6 months rent and ran out of money after that.... The harassment I was subjected to made me incapable of working and therefore unable to pay any further rent....

I do not believe damages for stress etc would be awarded though I may be entirely wrong. If the courts do not award damages for this kind of mental abuse, then the law needs to be changed.

The fact that there was no consent from the LLs mortgage lender, no LLs insurance is a problem for the LL and would not be of interest to the court.

At least part of the claim could be successful but it can only be brought to court if your appeal about not being allowed extra time succeeds. Fingers crossed I am given permission to appeal!

I wonder if it does not, whether it is worth going after the LL for the 3 x deposit anyway - at least that would reduce the amount to pay. This has to be done in a specific way. Could you elaborate on this any further.... I really am struggling..

I wish you the very best - these are only my personal views. I hope you get the chance to argue your points in a court hearing - I do appreciate how stressful this must be. Thank you - It's nice to be understood.

[Blueeyes1]

Absolutely, quite a few run free advice clinics backed up by Professors in Law.

(I absolutely deny giving you an idea)

Have only just seen this message.... I am actually a "she".... I would find it extremely difficult to attend any clinics, but appreciate any help on here. Many Thanks

[echat11]

Have only just seen this message.... I am actually a "she".... I would find it extremely difficult to attend any clinics, but appreciate any help on here. Many Thanks

I think they do 'Zoom', 'Skype' etc.

This is just an example -

https://www.law.ac.uk/about/legal-ad...or-the-public/

[Blueeyes1]

Have only just seen this message.... I am actually a "she".... I would find it extremely difficult to attend any clinics, but appreciate any help on here. Many Thanks

I don't use zoom and don't really have the time or energy for these kinds of meetings to be honest - Which usually just end up with advice to go to shelter, or CAB.... Which then usually ends up with advice to seek help from a solicitor, which I cannot afford, so just a pointless waste of time going around in circles

[Blueeyes1]

I think they do 'Zoom', 'Skype' etc.

This is just an example -

https://www.law.ac.uk/about/legal-ad...or-the-public/

I don't use zoom and don't really have the time or energy for these kinds of meetings to be honest - Which usually just end up with advice to go to shelter, or CAB.... Which then usually ends up with advice to seek help from a solicitor, which I cannot afford, so just a pointless waste of time going around in circles

[islandgirl]

Hi Blueeyes1 - I apologise if I said he not she. Just a couple of things

1. the advice clinics at universities are very good and give advice like a solicitor would but for free. They are not CAB and are usually far from pointless. I think the degree of confusion you are suffering would be helped if someone talked you through the process. My experience is all criminal and (other than taking people who owed me money to court) I know little of the details of how the court works.

2. you have had a horrendous experience. I am a LL myself and I hate the fact that some people treat tenants in this way. If the deposit was in a scheme and all the paper work was correctly done you cannot claim 3 x the deposit. However I assume you refused to agree that the LL should receive the desposit at the end of the tenancy and raised a dispute with the scheme?

3. I wish I could help further but this is not my area of knowledge. You have been very badly treated and it must have been terrible for you for a long time - you have my sympathy. I just hope you get the outcome you deserve from all of this.

[Blueeyes1]

Hi Blueeyes1 - I apologise if I said he not she. Just a couple of things

1. the advice clinics at universities are very good and give advice like a solicitor would but for free. They are not CAB and are usually far from pointless. I think the degree of confusion you are suffering would be helped if someone talked you through the process. My experience is all criminal and (other than taking people who owed me money to court) I know little of the details of how the court works.

2. you have had a horrendous experience. I am a LL myself and I hate the fact that some people treat tenants in this way. If the deposit was in a scheme and all the paper work was correctly done you cannot claim 3 x the deposit. However I assume you refused to agree that the LL should receive the desposit at the end of the tenancy and raised a dispute with the scheme?

3. I wish I could help further but this is not my area of knowledge. You have been very badly treated and it must have been terrible for you for a long time - you have my sympathy. I just hope you get the outcome you deserve from all of this.

I presumed you knew I was a she, as I had mentioned one of the LL neighbour friends called me a prostitute.

I did get some free advice from a solicitor specialising in landlord / tenant matters before finding this forum - Although it took me several hours of phoning around before finding her. She was great and gave some good advice, but also directed me to specific sections of law to research to help put together my defence and counterclaim. I just can't really cope with it to be honest and find it all incredibly draining.

Due to some of my health conditions, I have very little energy and just not capable sadly of researching and learning court processes etc. I also find it easier to communicate in writing, rather than on the phone. I really need help with drafting documents / forms and clear instructions and think that would be even more difficult over the phone.

Regarding the deposit, I thought as the deposit wasn't returned to me within the normal timeframe I might have a legal right to 3x the amount. I left the property immaculate, compared to how it was when I moved in. I also have a spinal injury and still gave it a final deep clean myself, which took several hours, before handing the keys back. As LL had already commenced court claim for money, I didn't expect they would be allowed to retain my deposit as well, seeing as I didn't cause any damage. I think I had every legal right to a full refund of my deposit and rent at the beginning of tenancy, but that was refused, therefore prevented me being able to move out.

I asked the letting agent to return my deposit straight away when I left the property and they refused. The letting agent then sent me a check-out inventory claiming multiple damages allegedly caused by me - All of which were already evidenced on the check-in inventory. When argued, they then stated the deposit was being retained towards arrears. I didn't raise a dispute with the deposit scheme, as their decision would have been final if disputed and I thought it would be best to let the court decide.

I deeply regret paying the rent payments that I did pay. I can also now understand why some tenants trash properties. Part of me wishes I had done the same and trashed it even more than the LL had already trashed it themselves. Claimant should have mitigated their losses at the beginning of tenancy by agreeing to return all of my money.

Is there any further action I could take if the permission to appeal is not granted, or if the appeal failed? Such as application to set the judgment aside?

Do I have any legal claim against the letting agents? As I am disgusted at how they have treated me throughout.

[Blueeyes1]

Several years ago I attended a county court hearing for a money claim, as a witness for the claimant. From what I can remember, no bundle of documents or evidence was ever served to the court and judge just decided on oral evidence from both parties and witnesses.

If I am given permission to appeal and there is another hearing, I do not think I will be capable of producing the correct bundle of whatever is required, unless somebody could help draft everything. Is a bundle of specified document absolutely necessary? Could I not just simply submit my defence and counterclaim again, maybe with some photographs as evidence?

[Blueeyes1]

Have received letter from the court saying appeal has been referred to another judge for directions. Does this mean permission to appeal has been given, or will it be that judge deciding if I am allowed to appeal? Is this a good sign, or is this what happens with all appeal applications? What is likely to happen next?

[Blueeyes1]

Will the judge that this has been referred to be able to see all documents in relation to this claim? Such as the original defence and counterclaim which was struck out, the witness statement, GP letter and police records I previously sent to the court, all of the court orders made, application forms for fees and extension etc?... Or will they only be able to see the most recent court order and application for appeal?

Is there still possibility this judge could refuse my claim without any opportunity to file more evidence? Or is the judge likely to set a date for another hearing?

Have also received an estimate of £89 costs for hearing transcript - Which states it might cost more than this. That is a lot of money for me at the moment. Does anybody know if these usually end up costing more than the estimate, or do you think its likely it might cost less and I get a partial refund?.... Can I also add the cost of this to my counterclaim against the claimant?

Apologies for all of the questions, but so stressed and confused and would appreciate if anyone could answer my questions, as would help me decide what steps to take.

Many thanks

[Blueeyes1]

Would be really helpful and would very much appreciate if anyone could answer my questions in the last few posts above?...

Another question - Is it too late for me to send application for help with fees for the hearing transcript? The reason I didn't do so before is because the form required a full detailed list of all income, expenditure, lists & contact details of all creditors, amounts owing etc... I am not able to provide that info. If I can still apply for help with transcript fee, can I leave all of the other creditor / debt info blank, or put "unknown"?

[Blueeyes1]

Can anyone answer my questions in the last few posts?