Illegal Eviction 6 weeks into 12 month Tenancy

[Neptune]

You remain coy about what exactly you are accused of, the full terms of the letter or other documents that you have received, how you answer these things, and what actually has happened.

When I prepare a letter for a client, I do so on the basis of full information which has enabled me to assess the situation, advise, and devise a suitable course of action.

I really don't mean to be. I thought I had explained clearly enough. Is there anything in particular you need further details or more clarification?

I am keen to get a response sent back to the solicitors, as they want me out without 2 weeks, otherwise court proceedings will be commenced.

[atticus]

I thought I had listed the detail needed -see below (numbers and paragraph breaks now inserted):

You remain coy about

[1] what exactly you are accused of,

[2] the full terms of the letter or other documents that you have received,

[3] how you answer these things, and

[4] what actually has happened.

[islandgirl]

well they can't get you out within 2 weeks that is for sure. They will lodge a S8 with the court which is non-mandatory eviction. If you are up to date with your rent and your other contract breaches are minor they are unlikely to get possession. Just for the matter to come to court will take quite a while. If they fail then they are back to square one. If they win their case they then have to instruct baliffs to evict you - at your cost. A compromise would be far better. I see no problem in asking them to refund your money but saying that you do not admit the S8 breaches outlined and will defend them in court if required to do so. Again this info is given without knowledge of what has gone on which I think is far more of a "battle" then we have heard.

[Neptune]

I thought I had listed the detail needed -see below (numbers and paragraph breaks now inserted):

1 - I really don't know how better I can explain other than what I already have.

2- The only documents received are a letter from the solicitor enclosing the Section 8 notice and asks me to acknowledge receipt. It states the LL seeks possession and intends to apply to the court. It states the court proceedings will not begin earlier than 14th June.

3 - I am trying my best to explain as clearly as I can.

4 - I have given a brief summary within my draft letter in earlier post. I can explain in much greater detail if required, but it might take me a long time to write and I would like to get a letter sent asap, in an attempt to resolve amicably without going through the courts.

[efpom]

May I respectfully say, in case that you are unaware of it, that legal systems everywhere run on documents.

If you were to retain a solicitor, the second thing he or she would request from you is all of the documents in the case, because without reading the documents it would be impossible to provide any meaningful advice.

Because this forum is a public forum, it would be unwise to post up unredacted documents.

To get over the difficulty you have in electronically redacting documents, may I suggest that you make photocopies of the documents, redact those photocopies, scan them and upload them on this thread.

Speaking for myself, I would not be in any position to, and would not attempt to, provide assistance to anyone facing legal proceedings without sight of the documents in the matter.

[Neptune]

I have today received the following email from solicitors:

Dear Madam,

As you are aware, we act on behalf of your landlord of the property known as XXXXXXX, namely XXXXXX.

Please find attached a copy of the cover letter and Section 8 Possession Notice that was sent to you by first class post and recorded delivery on Friday 26^th May 2023.

We are writing to confirm that under the terms of the possession notice served on you, you are required to vacate XXXXXXX on or before 14^th June 2023. We remind you that should you fail to vacate by this date, we have instructions to proceed to issue possession proceedings at Court against you.

Yours faithfully,

[atticus]

This like pulling teeth!

To add to my previous post, no 8, this is the full text of ground 17. It requires a false statement to have been made by the tenant.



The question is whether the OP or someone acting at his instigation made a false statement. At present the OP has been ambiguous.

What exactly is said about this in the s8 notice? What false statement are you said to have made?

Did the letter dated 26 May say anything else?

[Neptune]

This like pulling teeth!



What exactly is said about this in the s8 notice? What false statement are you said to have made?

Did the letter dated 26 May say anything else?

As per previous posts, It is alleged that I failed to declare previous rent arrears and failed to provide previous LL details.

I was honest and upfront to the letting agent at the very beginning, about my extremely poor credit rating and stated at the beginning of referencing that I would not pass the credit check element due to extremely poor credit history. Hence why I was required to pay 6 months rent in advance.

I did not go into any discussion of any further details and the credit referencing and full credit check was carried out by a third party company instructed by the letting agent of current tenancy.

I did fail to provide my previous LL personal details and stated I was living with family - Therefore failed to provide previous LL contact details. They argue that a tenancy would not have been offered if they had the full information.

I do have rent arrears with previous LL, which happened as a direct result of them serving an unlawful, retaliatory S21 eviction.

The current LL and their agents also made false representations / and/or false statements regarding the property / tenancy / and evictions of previous tenants. Had I been aware of the correct information, I would not have agreed to rent the property.

The previous LL has also made malicious and defamatory allegations of substantive damage to the property, allegedly requiring him to renovate the entire property, which is vehemently denied.

[atticus]

is it alleged that you made a statement that was not correct? That is what ground 17 requires, that you made a statement, not that you didn't mention something.

[Neptune]

is it alleged that you made a statement that was not correct? That is what ground 17 requires, that you made a statement, not that you didn't mention something.

Yes, so I made a statement I was living with family, and did not therefore not declare my previous LL details. The current LA/LL also made false statements about the property / tenancy.

[atticus]

At last!

So you did make a statement - incidentally not about the things you have previously mentioned - and you acknowledge that it was false. This means that you cannot deny that a statement was made. You may, however, question whether the landlord relied on it in agreeing to grant you the tenancy.

[Neptune]

At last!

So you did make a statement - incidentally not about the things you have previously mentioned - and you acknowledge that it was false. This means that you cannot deny that a statement was made. You may, however, question whether the landlord relied on it in agreeing to grant you the tenancy.

And I relied on statements made by the LA/LL.

[atticus]

but you are the one against whom action is threatened. You need to keep your eye on the ball and deal with the arguments being raised against you. Only when you have dealt with those can you allow yourself to consider other things.

[islandgirl]

If the OP counters with the fact that he was honest about credit rating (presumably there is a copy of the document he filled in to request the tenancy) and that this was dealt with by paying up front that only leaves the issue of the previous LL. The issue may hinge on the reasons for keeping it quiet - if there was a deposit dispute re alleged damage and the deposit was handed back to the OP for example then that would work in their favour

[Neptune]

but you are the one against whom action is threatened. You need to keep your eye on the ball and deal with the arguments being raised against you. Only when you have dealt with those can you allow yourself to consider other things.

Yes, that is what I am trying to do and thought had addressed all of those things sufficiently (for now) within my draft letter in previous post.

I am trying my best and suffering from severe stress and lack of sleep due to all of this, and also still trying to unpack from moving home.

I don't want to fire off an emotionally charged letter, and cannot even think straight at the moment, so would very much appreciate any help with drafting an appropriate letter. Thank you in advance if anyone is able to help with this.