correct way to rely - Aknowldgment Service form for defendant

[FrancescaF72]

Hi I hope you can help me.

Below:

1. a summary I wrote in order to attach it to the Acknowledgment of service form
2. a list of reasons I was writing to reason the part D which I selected.

Would please be so kind to let me know what is the best procedure at this stage?
- In addition, I have reference letters (24 to be precise) from former and present tenants stating that often I do not charge rent or deposit to people facing financial issues or to friends, also that I helped this lady who is claiming a deposit refund, with discounted rent and many other situations.
I also have statements of tenants who left because of her behaviour (we had issues with police, detention etc!).
I gave her and her friend notice and I guess she is seeking a revenge?! I don't know but I always do things by the book. My house is an HMO house and all tenants deposits (friends and not) are protected by My Deposit scheme. Hers was not protected because she NEVER paid for it!



Here my summary:

I refute Ms XXXXX’s claim that the £600 paid on 28^th July 2019 was a refundable deposit. The money paid was to reserve the room until Ms XXXX was able to move and as such is not covered by the deposit scheme.

I refute Ms XXXXX ’s harassment claim: my only contact with Ms XXXXX has been to reply to her emails and messages. I have always maintained a professional and respectful tone.

I respectfully ask that the court set aside the claim of Ms XXXXX

Further, I ask the court to dismiss any claims for costs.


Background

The claimant, Monika XXXX, was introduced to me by Mr XXXXX , a close friend of mine for whom she was working at the time. A job from which she subsequently resigned.

Ms XXXXX contacted me regarding renting a room which was then available at my house at 36, Hatherley Road E17.


As we had been introduced and had mutual friends, I agreed that there was no need of a contract between ‘friends’. We initially discussed a deposit, but Ms XXXXX told me her new salary was far lower than the previous job and she could not afford a deposit. Her suggestion, to which I agreed, was that she would ‘reserve’ the room by paying rent and would pay no deposit (note 1).

Although the room was available, Ms XXXXX was unable to take it up immediately. It was agreed that she needed to make only one payment to cover the period it was empty (note 2). A payment of £600 was made on 28th of July 2019 a week after her move into the house. Ms XXXXX was given a tenancy agreement by the Property Manager but she did not sign it. I never realised until our friend relationship was failing. We still have not had a written agreement. I also mentioned to her about the contract on various occasions (whatsapp conversation can be sent if needed). She never mentioned anything about it, it did not concern me at that time as I never had any problem in the past with people I helped.

In September 2019 another room became vacant and I agreed to rent it to a friend of Ms XXXXX (Ms EYX). Ms EYX paid a deposit, signed a tenancy agreement and moved in mid september 2019.


Incident Prior to Notice to Leave (is it necessary?)

The tenancy was uneventful until the 15th February 2020 when I received a message from Ms XXXX informing me that that police has been in the house and detained one of my residents (Mr P).

My understanding is that at 4:30 am the 14th of February 2020 Ms EYX returned home late with a female colleague: clearly intoxicated. Ms EYX had mislaid her keys and woke another tenant to get in (Mr P)

The next morning Ms EYX’s colleague woke in the Mr P’s bed, accused him of assault and called the police. Mr P was taken into custody then released when it was determined that the claims made against him were without any basis.

However, this experience led Mr P to immediately vacate his room. I lost a long-standing tenant and the room remained empty throughout the Covid lockdown at a cost to me of £875 per months (three months vacancy).



Notice to Leave

Following this incident, Ms XXXX’s behaviour became increasingly erratic and hostile, both towards me and towards the other tenants. In view of this, on 4th of March 2020, I gave them both ladies notice to leave by 5th of April 2020.

Ms XXXX pleaded with me to give her and her friend an extension to this date as they were not able to find a room due to Covid (witnesses sattments can be provided if needed). After consultation with the other tenants, we decided the compassionate approach would be to allow Ms XXX and Ms EYX to remain on two conditions. Firstly, that Ms XXXX modify her behaviour so as not to not offend the others in the house. Secondly, that they would vacate the rooms as soon as lockdown was over.

Subsequent events

Regarding the first commitment, her behaviour was acceptable but tension led others to a difficult co-living situation (Statements attached).

Regarding the second point, on the 2nd of May Ms XXXX notified me of her intention to leave the house as she had found an alternative rental that better suited her and her friend Ms EYX.

While that was not what we had agreed and tried to reason my points, I decided it would be better for the rest of tenants to accede to this request. As a result, I refunded the deposit paid by Ms EYX in June 2020 after the room inspection.

As stated in Note 2 above, Ms XXX had paid no deposit but had made a payment to cover the period the room was empty before she was ready to move in.

However, since leaving my house, Ms XXXX has sought to re-classify the payment to ‘reserve’ the room as a ‘deposit’. In reality, as a favour to a friend, I had agreed not to charge any deposit (see Note 1).


Other Tenants

I have let rooms in the house for about 5 years and approach my responsibilities with diligence and correctness. I have not had any troubles prior to this incident. All other tenants (former and present) at the house will confirm that their deposits were correctly dealt with under the deposit scheme. Kindly see the written testimonies supplied below.


Conclusion

i)I refute the claim that the money paid by Ms Stepukaite was a refundable deposit
ii)I attest that the money was payment to reserve the room until Ms Stepukaite was able to move in
iii)I refute the harassment claim: my only contact with Ms Stepukaite has been to reply to her emails and messages. I have always maintained a professional and respectful tone.


Also after D option I was thinking to write these reasons:

Upon review of the Claim and Acknowledgement of Service form, the Defendant states that:

1. The statement of claim is denied in full;
2. The Claimant’s admission that a contract does not exist is accepted;
3. The suggestion that a deposit payment was made is denied;
4. The request for compensation has no grounds, is denied and should be dismissed;
5. The allegation of moral and written harassment is denied;
6. The request for financial compensation for alleged moral damage and harassment be dismissed;
7. The claim be struck out as per CPR 3.4(2);
   1. “it appears that it discloses no reasonable grounds for bringing or defending a claim.”
8. The claim be struck out by summary judgment with consideration for CPR 24.2(i) and CPR 24.2(ii)(b).

9. If the claim is not stuck out, then the Defendant suggests that the small claim would be suitable.


Shall I proceed this way attaching all statements and screenshot conversations or perhaps this is not yet the stage?


Thank you in advance for your suggestion

Kind regards,

FF