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I was a member here a long time back and received some very helpful advice. I'm generally competent at dealing with forms and straightforward points of law, but need a little assistance once more; particularly around strategy and relevant statute / case law etc.
I jointly entered into an AST with my now ex-wife as the landlord / letting agents had issues because she was proposing to pay the rent through a mixture of own funds and benefits. The reason I did this was so that my children would not be uprooted. I did not reside at the property. My ex wife then decided to up sticks and move out part the way through the AST term telling nobody and also changed her phone number. In short she did a runner. I only found out when I was contacted about unpaid rent. Obviously this is something that I will never repeat.
The landlord was initially understanding about the situation and chased my ex-wife for the rent due. Eventually a S21 was served, possession taken and the property re-let. I actually tried to work with the landlord and offered to voluntarily forfeit the deposit which had been paid by myself and was registered solely in my name. However I heard nothing further.
In February this year I was jointly served with a claim for 3 months lost rent from the landlord. The jointly is academic though as my ex-wife remains at an unknown location and her documents were just sent to a Post Office branch which she has no connection with. The landlord however has claimed for the full 3 months of unpaid rent, despite drawing down the deposit on the grounds of unpaid rent (I have emails from the agents confirming this) and similarly in correspondence written by his own hand stating that the amount due was a lower figure net of the deposit.
I have filed a partial admission and outline defence [on time of course] in line with the above and are now awaiting and are now awaiting the Directions Questionnaire etc.
From a layman's perspective the landlord is basically 'trying it on' and has knowingly made a false declaration to the court i.e. far more fundamental than just differing opinions.
I would really be grateful if anybody could advise a suitable strategy to deal with this along references to appropriate points of law. The landlord's day job is such that being found in contempt will have significant repercussions.
Thanks
I jointly entered into an AST with my now ex-wife as the landlord / letting agents had issues because she was proposing to pay the rent through a mixture of own funds and benefits. The reason I did this was so that my children would not be uprooted. I did not reside at the property. My ex wife then decided to up sticks and move out part the way through the AST term telling nobody and also changed her phone number. In short she did a runner. I only found out when I was contacted about unpaid rent. Obviously this is something that I will never repeat.
The landlord was initially understanding about the situation and chased my ex-wife for the rent due. Eventually a S21 was served, possession taken and the property re-let. I actually tried to work with the landlord and offered to voluntarily forfeit the deposit which had been paid by myself and was registered solely in my name. However I heard nothing further.
In February this year I was jointly served with a claim for 3 months lost rent from the landlord. The jointly is academic though as my ex-wife remains at an unknown location and her documents were just sent to a Post Office branch which she has no connection with. The landlord however has claimed for the full 3 months of unpaid rent, despite drawing down the deposit on the grounds of unpaid rent (I have emails from the agents confirming this) and similarly in correspondence written by his own hand stating that the amount due was a lower figure net of the deposit.
I have filed a partial admission and outline defence [on time of course] in line with the above and are now awaiting and are now awaiting the Directions Questionnaire etc.
From a layman's perspective the landlord is basically 'trying it on' and has knowingly made a false declaration to the court i.e. far more fundamental than just differing opinions.
I would really be grateful if anybody could advise a suitable strategy to deal with this along references to appropriate points of law. The landlord's day job is such that being found in contempt will have significant repercussions.
Thanks
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