Court process

[Catherin]

I have a freeholder who is negligent and refuses to repair leaking roof. Plus a building insurance policy that has many errors and makes it invalid. I am dealing with his solicitor but it's going around in circles and I feel court action is only way to proceed. My lease has been clarified by a previous solicitor so I know it is in my favour. I need guidance on how I start a claim in court. I am elderly so not very good at finding info online. Can anyone point me in right direction please? Thank you.

[echat11]

Hi CATHERIN

Welcome to LB

If the amount claimed is below £10,000, then it's the Small Claims Court Track.

Here are the Rules which apply - https://www.justice.gov.uk/courts/procedure-rules/civil

Here is a Litigation in Person Guide (this guides you through the process) - https://www.judiciary.uk/guidance-an...-civil-221013/

[Catherin]

Thank you but it will be more complex than a small claims court as there are numerous issues need dealing with. My freeholder is a bully and is lying to his legal representative so it's just not being dealt with accurately. I will certainly check at your second link. Many thanks.

[echat11]

Thank you but it will be more complex than a small claims court as there are numerous issues need dealing with. My freeholder is a bully and is lying to his legal representative so it's just not being dealt with accurately. I will certainly check at your second link. Many thanks.

The amount claimed will dictate the Track, not the 'complexity' of the case.

Judges will routinely have come across a case like yours.

[Pezza54]

If your landlord is a Private Registered Provider of Social Housing you should follow his complaints procedure. If you are unhappy with the outcome you can make a complaint with the Housing Ombudsman www.housing-ombudsman.org.uk

If your claim against your landlord is for housing repair, estimated value over £1k, your claim might be allocated to the fast track, not the small claims track (CPR 27.1 (2)

Court claims are time consuming and expensive, more so if lawyers are involved.
You should consider mediation. Ask the landlord's solicitor if they are prepared to mediate

[Catherin]

I have asked for mediation more than once but just ignored. Solicitor is not responding accurately. Now suddenly solicitor is asking me to provide freeholder with a key to my garden as I just had the lock renewed. Garden is wholly demised to me but freeholder thinks he has right to use it for his retail rubbish. The solicitor hasn't even checked lease. I feel solicitor is not fully informed or just inefficient. Court is only way to proceed as my health is suffering which freeholder is playing on. I will just have to go to Court as no point just going around in circles. It must be costing freeholder to keep making ridiculous inaccurate demands through solicitor. I know how lengthy the process is but I will stress for fast track. I have done my best to resolve things but to no avail. A judge will clearly see that I believe