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Landlord taking me to court for £10k help please

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  • Landlord taking me to court for £10k help please

    Hello everyone,

    This is my first post so hope I'm in the right place. We have received a summons from our landlord for £10k. We signed a 10 year lease in October last year. At the time, the landlord said in an email it was a temporary lease for one week only until the real version was ready. We kept asking for the real version and we were told it was with their solicitor on three occasions. As soon as we told them our solicitor was wanting to see this lease the landlord suggested a new lease for 6 years (to avoid them having to register it) in December and we agreed. We kept asking for this new lease and it never arrived. We experienced lots of problems with leaks, repairs etc and paid for everything even though we didn't believe the things were our responsibility. The biggest thing of all came when we contacted our electricity provider to ask why weren't receiving electric bills. We were horrified to be told that the supply had been disconnected in 2009. The power has always been on and it seems that someone has bypassed the supply and there isn't even a meter. We left the premises in August and sent the keys back.

    We believe we did not have lease at all. The electricity supply is illegal. At the time of leaving we were still trying to resolve the electricity issue.

    We have received a summons based on the original document we signed. We have sent a defence form and have to provide that defence by Friday 22nd November. We just don't know where to start. We believe there is some pre action protocol that has not been followed. We have written to the landlord suggesting they withdraw. We have every email we have sent to them and their replies. They are doing nothing to mitigate their losses. They are claiming insurance for the next two years and rent for two years.

    This is a really brief summary. The whole thing would take a lot of reading but these are what I believe to be the main issues. Can anyone give us any suggestions or points in law we can look at? Any help would be massively appreciated.

    Many thanks in advance
    Tags: None

  • #2
    Re: Landlord taking me to court for £10k help please

    Sorry not able to help myself, but will bump to the top for advice.



    CJ

    Comment


    • #3
      Re: Landlord taking me to court for £10k help please

      Hi Norbert

      I think what you have detailed above is a pretty cogent defence.

      You have documentation to prove your position and it seems you have a solicitor (?)

      As soon as we told them our solicitor was wanting to see this lease the landlord suggested a new lease for 6 years (to avoid them having to register it) in December and we agreed.
      I can't see any basis for your landlord claiming anything from you and it looks like a game of chicken IMVHO.

      If you post up the form with personal details removed I'm sure that one of the court-savvy Beagles here will help you complete it.

      Many bullies are also litigious and rely on the panic people naturally feel when threatened with court action to extract money not legitimately owed.

      Stay cool and marshal your paperwork.

      What does your solicitor think?

      Comment


      • #4
        Re: Landlord taking me to court for £10k help please

        Norbert, do you have a copy of the original lease that you signed ?
        #staysafestayhome

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

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          Re: Landlord taking me to court for £10k help please

          Thank you for coming back to me. Yes, I do have a copy of the lease. My solicitor seems to think it is a case of misrepresentation but said it could go either way on the day and we could find ourselves liable! I'm in a bit of a panic. We have only been able to afford "phone based" advice from our solicitor because for him to put a defence together for us would cost us a fortune which we just don't have.

          Golden retriever - you are right - she is nothing more than a bully. We have been threatened she will "make us pay" and was silly enough to put it in writing.

          I just hope we don't miss any vital points in our defence because we simply didn't know what to do.

          We sent the keys by recorded delivery but the letter was never collected (a tactic I think). We sent them again by ordinary post and guess what..........she now denies receiving them. We did get certificate of posting.

          Any help would be appreciated

          Many thanks

          Comment


          • #6
            Re: Landlord taking me to court for £10k help please

            forgot to say.....

            I don't know how to put the form on here if someone could help me please.

            Comment


            • #7
              Re: Landlord taking me to court for £10k help please

              Originally posted by norbert123 View Post
              The biggest thing of all came when we contacted our electricity provider to ask why weren't receiving electric bills. We were horrified to be told that the supply had been disconnected in 2009. The power has always been on and it seems that someone has bypassed the supply and there isn't even a meter.
              Did you report that to the utility companies or to the plods?

              Comment


              • #8
                Re: Landlord taking me to court for £10k help please

                We reported to utility company and to UKRPA (UK revenue Protection Agency) which deals specifically with utility theft and reported to the police but the police weren't interested! We are waiting to for utility or UKRPA to contact us for more detail which we will gladly provide

                Comment


                • #9
                  Re: Landlord taking me to court for £10k help please

                  Originally posted by norbert123 View Post
                  forgot to say.....

                  I don't know how to put the form on here if someone could help me please.
                  http://www.legalbeagles.info/forums/...details-safe!)
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Landlord taking me to court for £10k help please

                    Hello all,

                    I didnt manage to upload the form. Unfortunately, I didnt find this wonderful site in time. My defence had to be in today and I wanted to send it in good time. I have sent the defence and hope I have done a good job! So, now I have found you, the next step I believe is the directions questionnaire? I will certainly have time to ask for your help when this arrives and I know I will need it. I will post again when I receive it. Should I start a new thread when the time comes or stick with this one?

                    Many thanks for your help so far. I feel a bit more settled now I know where to come for help

                    Comment

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