Illegal Eviction 6 weeks into 12 month Tenancy

[Neptune]

For the text of the letter see Atticus above or previous versions suggested in this thread. It will not be written for you in its entirity although you are welcome to write it and post here for improvement. You are able to express everything you believe should be in it on this thread so just put it into a letter. Do not worry about legal jargon. The compensation etc as Atticus says are clouding the issue - it is the eviction you need to deal with first.

I thought Atticus advised I could sue / countersue. I don't see how compensation can be clouding issue, as it is related to the matter of eviction and without refund & compensation I would not be able to move home and would ultimately at some point be evicted and homeless.

[Neptune]

I thought Atticus advised I could sue / countersue. I don't see how compensation can be clouding issue, as it is related to the matter of eviction and without refund & compensation I would not be able to move home and would ultimately at some point be evicted and homeless.

The draft examples previously posted are the best I can manage at the moment. I know they are not very good / clear drafts, which I why I need help with re-wording / editing / adding to etc.

[Huxie]

Neptune Please forgive my idle curiosity but did you perchance post on here in the past, about your problems with the previous landlord, under the username Malibu1?

[atticus]

Without prejudice is for attempts to settle, not for statements of your position.

[Neptune]

Without prejudice is for attempts to settle, not for statements of your position.

Thank you for the reply.

I am confused - So in addition to statement of my position / answering their allegations and stating my allegations, I would also like to attempt to settle by offering 2 options to the current LL:

1. I would consider continuing with the tenancy on the following terms:
a.........
b.........
c........
d..........

Or alternatively

2. I would consider agreeing to end the 12 month tenancy early and vacate the property on the following terms:
a.......
b.......
c......
d.......

Unless there is any specific reason I should not offer to settle as above? I assume if my offer/s to settle are refused and possession proceedings are commenced through the courts, would it not go in my favour that I have attempted to settle? Or would it be detrimental to my case at all that I have attempted to settle?

[islandgirl]

They want you out. Why bother with section 1. Section 2 yes (if you dont ask for compensation at this stage etc)

[Neptune]

They want you out. Why bother with section 1. Section 2 yes (if you dont ask for compensation at this stage etc)

Option 1 - Because that would be the best and most preferable outcome. The LL may change their mind about wanting to evict when they receive my response to their allegations and my counter allegations.

Option 2 - This option would not be possible without compensation, so adequate compensation would need to be part of the terms agreed. Or do you mean state that adequate compensation would be required, but not to specify an amount at this stage to see what they offer?

[atticus]

make your settlement offer in a separate letter. Simples.

[PallasAthena]

Can I do a SAR request to a solicitor who is acting for another party, to see all communications exchanged between the solicitors and the landlords? I would like to know exactly how current LL was contacted regarding previous tenancy.

Communications between a solicitor and their client are generally exempt from SAR disclosure so don't waste your time with that. The solicitor will refuse to provide it and quote the SAR Legal Professional Privilege exemption.

What other exemptions are there? | ICO

[Neptune]

make your settlement offer in a separate letter. Simples.

Thank you - So should I write a response letter answering their allegations and stating my counter allegations, and then enclose a separate letter outlining the 2 options above as my offer to settle? Should the separate letter with settlement options be marked as "without prejudice, subject to contract, save as to costs" or something like that, or should it not be marked as without prejudice?

If my offer/s to settle are refused and possession is sought through the courts, am I allowed to show a judge a "without prejudice" offer, to show that I made attempt to settle?

[atticus]

I repeat

Without prejudice is for attempts to settle, not for statements of your position.

[Neptune]

I repeat

Thank you, Yes so should my separate letter, attempting to settle, be marked as without prejudice?

[Neptune]

Communications between a solicitor and their client are generally exempt from SAR disclosure so don't waste your time with that. The solicitor will refuse to provide it and quote the SAR Legal Professional Privilege exemption.

What other exemptions are there? | ICO

Thank you for the reply. That seems unfair as their solicitor is handling data relating to me.

[atticus]

yes.

[Neptune]

yes.

Ok thank you. Can a without prejudice offer be shown to a judge if this matter goes to court, so that I could show the judge I made an attempt to settle?