Problems with neighbour - bad building, trespass, intimidation, property damage

[des8]

Here's a draft defence for you to look over, amend or discard as you see fit.
Remember it is your defence...........

Now looking at counterclaim


Defence CLAIM NUMBER










1.The Defendant received the claim[Claim Number] from the [Name of Court ] County Court on [Date you received the claim]

2.Each and every allegation in the Claimants’ statement of case is denied unless specifically admitted in this Defence.

3. The Claimants have jointly filed this claim using form OCON1, contravening Practice Direction 51R 2.1(3)(f) The defendant respectfully asks the court that the claim be amended as per Civil Procedure Rule3.10 else the Claim should stand struck out..In the event the Defendant has to amend her defence, she would ask that the Claimants bear the costs of the amendment

4.This claimappears to be for a breach of a “joint lease agreement “

5.It is denied that the Defendant and Claimant have a joint lease agreement

6.It is admitted the defendant has a lease containing a covenant requiring a contribution of 1/3rdof the cost of replacing guttering etc, but it is denied there is requirement for a contribution to cost of repairing ,maintaining or renewing the roof.

7.It is admitted the Claimants had the roof renewed.

8. It is admitted the Claimants sent an invoice to the Defendant and requested payment

9. The submitted invoice included works other than the renewal of the roof, e.g. demolition of chimneys. . Also scaffolding had been retained for other works not connected with the roof, and a skip had been used for disposal of material from other sites

10.The Defendant requested an itemised breakdown of the invoice so she could make an offer of a voluntary contribution to roofing costs, although this was not required under the terms of the lease

11 To resolve this matter the Defendant did offer as a voluntary contribution on dd mm yy & dd mm yy £100. This is the amount the Defendant deemed fair based on quotations received by her for necessary repairs.

!2 The Defendant suggested mediation to resolve the matter

13 The Claimants rejected the offers of money and mediation on dd.mm.yy

14.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a Defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimants be required to prove the allegation that the money is owed as claimed.




15.In the event that an itemised invoice, shewing a breakdown of the works and materials charged for, is received from the Claimants, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.




16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

“I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

[nw0307]

Here's a draft defence for you to look over, amend or discard as you see fit.
Remember it is your defence...........

Now looking at counterclaim

hello. Is this attached on the message or in a private message? cheers

[echat11]

hello. Is this attached on the message or in a private message? cheers

I think des8 has forgotten to post it up, don't worry.

[nw0307]

I think des8 has forgotten to post it up, don't worry.

lol. To be honest I thought it was me, because I'm not completely familiar with the message board. Incidentally, is there a donation part to the site? I know this is free advice and all, but you've all been champion on this and I would like to donate

[des8]

Now edited post 46 and added defence

[nw0307]

5.It is denied that the Defendant and Claimant have a joint lease agreement

6.It is admitted the defendant has a lease containing a covenant requiring a contribution of 1/3rdof the cost of replacing guttering etc, but it is denied there is requirement for a contribution to cost of repairing ,maintaining or renewing the roof.

Hi Des

On this, the deeds document is a joint lease agreement although I'm not sure if we have the same version of the document. The wording on the tenant part of the lease is how I have presented it to you exactly - so it doesn't really say I'm obligated to pay towards the roof. However, on the Landlord part showing his obligations, the wording is set out better as follows:

(e) At all times hereafter to contribute and pay a two thirds part of:
(i) the expense of maintaining repairing downpipes etc etc
(ii) the roof over that part of the retained property as lies over the demised property

Would this have any bearing on the defence?

thanks ever so much

[echat11]

lol. To be honest I thought it was me, because I'm not completely familiar with the message board. Incidentally, is there a donation part to the site? I know this is free advice and all, but you've all been champion on this and I would like to donate

Just click on the link - https://www.paypal.com/donate?hosted...=CNCXB9EXZRYE4

[des8]

5.It is denied that the Defendant and Claimant have a joint lease agreement

6.It is admitted the defendant has a lease containing a covenant requiring a contribution of 1/3rdof the cost of replacing guttering etc, but it is denied there is requirement for a contribution to cost of repairing ,maintaining or renewing the roof.

Hi Des

On this, the deeds document is a joint lease agreement although I'm not sure if we have the same version of the document. The wording on the tenant part of the lease is how I have presented it to you exactly - so it doesn't really say I'm obligated to pay towards the roof. However, on the Landlord part showing his obligations, the wording is set out better as follows:

(e) At all times hereafter to contribute and pay a two thirds part of:
(i) the expense of maintaining repairing downpipes etc etc
(ii) the roof over that part of the retained property as lies over the demised property

Would this have any bearing on the defence?

thanks ever so much

OK so replace 5 & 6 with:

<5.It is admitted that the Defendant and Claimant have a joint lease agreement

6.It is admitted the Defendant’s section of the lease contains a covenant requiring a contribution of 1/3rdof the cost of replacing guttering etc, but it is denied there is requirement for a contribution to cost of repairing ,maintaining or renewing the roof as the lease is silent on that point>


Confusion arose because the first mention of a Joint lease was on his claim and I thought this was another of his errors
You said somewhere he was claiming to be your landlord, and as that was obviously incorrect I (incorrectly) assumed he was the freeholder.
I thought he was referring to a lease between you and him as freeholder as a joint lease

I still think you could leave para6 in your defence. (but up to you)
It might be an error that the court will order to be corrected, but your section of the lease does not (as written) require you to make a contribution to roof repairs.

[nw0307]

OK so replace 5 & 6 with:

<5.It is admitted that the Defendant and Claimant have a joint lease agreement

6.It is admitted the Defendant’s section of the lease contains a covenant requiring a contribution of 1/3rdof the cost of replacing guttering etc, but it is denied there is requirement for a contribution to cost of repairing ,maintaining or renewing the roof as the lease is silent on that point>


Confusion arose because the first mention of a Joint lease was on his claim and I thought this was another of his errors
You said somewhere he was claiming to be your landlord, and as that was obviously incorrect I (incorrectly) assumed he was the freeholder.
I thought he was referring to a lease between you and him as freeholder as a joint lease

I still think you could leave para6 in your defence. (but up to you)
It might be an error that the court will order to be corrected, but your section of the lease does not (as written) require you to make a contribution to roof repairs.

Hi Des

He is the freeholder and I'm the leaseholder. I've lived here for 16 years with no problems with previous freeholders. His house is the retained freehold property and he moved in 2 years ago. He has been banging on about me being his tenant, and basically assumes I'm like a tenant in a rented house. I have a lease for 950 years and am mortgaged. He's using his status as a landlord to basically bully and bully me. He even makes me pay the £1 peppercorn ground rent. lol

Yes I'll leave para 6 in I think. It's not like I'm refusing to contribute any money to him but he has this belief that he can make up an extortionate sum and I have to open my purse and just let him take what he wants out of it.

The lease document is so poorly written. I even wrote the covenant out without the grammar because it doesn't contain any commas. So it was exactly as it is written. It's funny as I have spoken to a couple of people who actually lived in my apartment over 20 years ago and they have said they never made any contribution to repairs of the roof and other things.

[nw0307]

Just click on the link - https://www.paypal.com/donate?hosted...=CNCXB9EXZRYE4

done. Thank you. I've put a little note for both of you. Really appreciate all of your help

[des8]

Thanks for that.

I have amended defence and now also attach a draft counterclaim

As you are defending and issuing a counterclaim you need to do so on N9B and send a paper copy to the OCMC postal address so that it is received by the court within 19 days after the date of issue of the online claim form,
Form N9B is here: https://assets.publishing.service.go..._0818_save.pdf

you indicate on the N9B form whether or not you dispute the whole claim or admit part of it.
The defence as drafted shews you dispute the whole claim.
However IMO that won't be upheld so the defence goes on to say why you are only liable for part of the claim
It is up to you what you want to argue in court, but if you admit part, your defence needs amending.

To Q 3 state: please see attached DEFENCE
To Q4 I suggest you keep the counterclaim to £3000, court fee £115 as above that amount the court fee rises steeply
Your claim is for "Damages for A)loss of enjoyment, stress and inconvenience caused by the building works and B)for harassment contrary to the Protection from Harassment act 1997
For reasons : please see attached COUNTERCLAIM

DEFENCE claim number

1.The Defendant received the claim[Claim Number] from the [Name of Court ] County Court on [Date you received the claim
2.Each and every allegation in the Claimants’ statement of case is denied unless specifically admitted in this Defence.
3. The Claimants have jointly filed this claim using form OCON1, contravening Practice Direction 51R 2.1(3)(f) The defendant respectfully asks the court that the claim be amended as per Civil Procedure Rule3.10 else the Claim should stand struck out. In the event the Defendant has to amend her defence, she would ask that the Claimants bear the costs of the amendment
4.This claimappears to be for a breach of a “joint lease agreement “
5.It is admitted that the Defendant and Claimant have a joint lease agreement
6.It is admitted the Defendant’s section of the lease contains a covenant requiring a contribution of 1/3rdof the cost of replacing guttering etc, but it is denied there is requirement for a contribution to cost of repairing ,maintaining or renewing the roof over the demised property as the Defendant's lease is silent on that point.
7.If it is admitted (which it is not) that the Defendant’s lease requires she contributes 1/3rd of the cost of roof replacement on the part over the demised property, the Defendant disputes the amount claimed
8.It is neither admitted nor denied that the Claimant obtained three quotations to replace the roof and chose the cheapest
9.It is admitted the Claimants had the roof renewed.
10. It is admitted the Claimants sent an invoice to the Defendant and requested payment
11. The submitted invoice included works other than the renewal of the roof, e.g. demolition of chimneys. . Also scaffolding had been retained for other works not connected with the roof, and a skip had been used for disposal of material from other sites
12.The Defendant requested an itemised breakdown of the invoice , but this was refused.
13In the absence of an itemised invoice and to resolve this matter the Defendant did offer as a voluntary contribution on dd mm yy & dd mm yy £100. This is the amount the Defendant deemed fair based on quotations received by her for necessary repairs.
14 The Defendant suggested mediation to resolve the matter
15 The Claimants rejected the offers of money and mediation on dd.mm.yy
16.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a Defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimants be required to prove the allegation that the money is owed as claimed.
17.In the event that an itemised invoice, shewing a breakdown of the works and materials charged for, is received from the Claimants, the Defendant will then be in a position to amend her defence, and would ask that the Claimants bear the costs of the amendment.
18.It is denied that the Claimant is entitled to the relief as claimed or at all

.Statement of Truth

“I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”


COUNTERCLAIM

A: LOSS OF ENJOYMENT:

1.By reason of the works particularised in the claim, and other works carried out at the same time and subsequently, the Defendant was unable to use part of the demised premises for ??weeks?days
2.The scaffolding on the Defendant’s side of the property was erected without the deployment of safety netting.
3.As a result debris, including roofing slates fell onto the property, including around the doorway so that area could not be used
4The falling debris was hazardous, and left uncleared causing further hazard
5. the debris had to be removed by the Defendant
6. the scaffolding was left in position after the roof works had been completed in breach of the agreement to place it on the defendant’s property and in breach of the lease terms?
7.This was so the scaffolding could be used to facilitate other works, including removal of chimneys.
8. These other works caused further disruption and hazardous rubble on the Defendant's property
9. The scaffolding was only removed on dd.mm.yyafter the scaffolder was told an application would be made for an injunction for its removal
B HARASSMENT
8.Since February 2020 the Defendant has been subjected to harassment, intimidation, deliberate property damage, trespass, an electric shock, threats, malicious correspondence from the claimant
9.The incidents complained off amount to a course of conduct which equates to harassment.
10.Inter alia the incidents included a report by the Claimant to the Defendant’s mortgage provider that he was seeking forfeiture of my property.
11 This report had no substance but caused the mortgage provider to ‘phone the Defendant causing more stress

Sign with statemen t of truth

The defence and counterclaim should be written in font Times New Roman, size 12 with 1.5 line spacing

You will need eventually to write a witness statement, so it might be an idea to start it now, as it might be a trifle long considering his behaviour

[echat11]

done. Thank you. I've put a little note for both of you. Really appreciate all of your help

Echo des8, many thanks.

[nw0307]

Des8, that's absolutely brilliant, thank you so much. I'll have a read through it and get everything prepared to send. If I have any problems or questions, I'll ask. You've been marvellous.

I have noticed that in a few cases we never see the result. I will keep you all up to date on this thread

[des8]

Woke during the night and realised that in your counter claim where i wrote "Defendant" it should read "Counter-claimant". Please amend accordingly if you intend to use it.

Amend answer to question 4 of N9B form to ;""Damages for A)loss of enjoyment, stress and inconvenience caused by the claimant's building works and B)for harassment by the claimant contrary to the Protection from Harassment act 1997

Do bear in m8nd I am not a professional, and I am just suggesting that this is how I would deal with the matter.

[nw0307]

Woke during the night and realised that in your counter claim where i wrote "Defendant" it should read "Counter-claimant". Please amend accordingly if you intend to use it.

Amend answer to question 4 of N9B form to ;""Damages for A)loss of enjoyment, stress and inconvenience caused by the claimant's building works and B)for harassment by the claimant contrary to the Protection from Harassment act 1997

Do bear in m8nd I am not a professional, and I am just suggesting that this is how I would deal with the matter.

aw thank you Des8. Lol don't be waking in the night! It's been a great help with the setting out how to do it which I had no clue about.