Suing the Council for wrongful prosecution.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Crazy, have just noticed in the 'Particulars of Claim' between the LL and myself, that regarding the tenancy/lease:
'granted a tenancy from 5th Oct 1992 to 6th of October 1993'
I do not know if this is a mistake or just another ruse by the Landlord!!

[Diana M]

Re: Suing the Council for wrongful prosecution.

have just noticed in the 'Particulars of Claim' between the LL and myself, that regarding the tenancy/lease:
'granted a tenancy from 5th Oct 1992 to 6th of October 1993'

Take a copy of your tenancy agreement with you to the hearing.

In fact take three copies. One for you, one for the Claimant's solicitor and one for the DJ.

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Well I was rather hoping the LL would back down since I have paid my arrears (informed the court via both email and hard copy) but there it is!

[Crazy council]

Re: Suing the Council for wrongful prosecution.

hi

Do you have a court date yet, ( have just read back though and cant see ) the notice served just meens the LL could not apply for the possession untill after that date, has he started action ( do you have a court date )

The section 8 is a notice that the LL intends to apply on those grounds, The date 18th June, is just the earliest date that can apply. If your at the stage of the process i think you are

Ground 8 is dissapeared, ( but would possibly been invalid anyhow, due to your tenancy contract, it would have at least been aruable )
Ground 10 and 11 are back up grounds only,

So, if your at the stage i think ( LL has not served notice through court, just section 8 ), then the LL can not go forward. If you have a court date, still should not be a problem,

An odd question for you --- If your LL is determent that they want your place ( trust me they have very little chance on the contract your on, as long as you keep to the basics ), would he be able to persuad you to move for money

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Court date is next Monday 25th July

Notice has been served through the court with particulars of claim and a defence form which I have filled in and returned in the allotted time.

I have made representation regarding the mitigating circumstances of my rental arrears,....that being that the Council (which was the original thread matter) withdrew financial support for 18 months.

Apropos paying me to leave, believe me, Rich people only get rich because they dislike spending money,....which is why he 'acquired' my property for what I consider would have been at LEAST £100,000 less than the going rate (at that time) I can only imagine how he managed to pull that off!!

I don't think he would offer an inducement under any circumstances, which is why he just keeps ramping up the intimidation both mentally and financially....hoping that I will crack

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Aha so you have a court date ( sorry wasn't sure )

Ok, i would recommend writing to the LLS agent / solicitor, requesting that they withdraw formally now the rents paid up. Give full explanation as to what the hold up was, and that you have paid it within a month of the funds being available. If they choose not to withdraw, ask them to detail how they have relied on ground 10 and 11 over the 20 year period of your rent. I would also suggest, you request them to immediately confirm that the payment has been accepted.------ you may need to show the court this

There is more on this but little time ATM, I would email them the request to withdraw, then ring them to make sure they have looked at it. They may just try ignore you, so push for acknowledgement of the recipt of the email. Send to both LL and his Sols. Be nice in the letter, they may be show to the judge

Apropos paying me to leave, believe me, Rich people only get rich because they dislike spending money,....which is why he 'acquired' my property for what I consider would have been at LEAST £100,000 less than the going rate (at that time) I can only imagine how he managed to pull that off!!

deal with the notice first, then i have something to add, a suggestion for dealing with the LL, but dealing with the notice is the most important thing. Idealy, you want them to formally withdraw the application and inform the court

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

I have already emailed to request that they formally withdraw and cc'd same to the Court.

They would also have a copy of the mitigating circumstances surrounding the debt from the Court, and yes I did indeed clear my arrears well within a month of funds suddenly becoming available.

I would venture to suggest that they will not acknowledge payment being made nor that it is accepted (surely the Judge would take a dim view of this?)....but the transaction clearly shows that it is to their account from my receipt at bank (which I delivered to the Court yesterday) and also statement on online banking showing that it has gone to them which I will print out and take to Court....and also my covering email to them confirming same.

You are correct in that in 24 years of paying rent (to various landlords), a swallow hardly makes a spring...in that it is highly unusual in the context of that whole time that I have accrued arrears over only a 6 month period

I don't think they will withdraw

I STILL do not understand the terminology used (when paying this month's rent) with regard to monies paid 'AFTER' I was served notice is for 'use and occupation only' which I find deeply worrying...... and I also note that for the statement of my account the July rent is marked 'part payment'

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

LL's Solicitor has come back with : 'acknowledge receipt of very late rental payment'.......and are still pressing ahead with the hearing on Monday (as I suggested they would)!!

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Hi. I will write up a suggested responce to the 'll and defence for the action later this evening. Allthouh he has a right to continue. Because your an AT not AST You have a very good defence. I don't see how the 'll could get around it. He clearly wants you out. And he wants to developers or sell the place rather than just te rent. That makes a difference if your an AT.

[Diana M]

Re: Suing the Council for wrongful prosecution.

LL's Solicitor has come back with : 'acknowledge receipt of very late rental payment'.......and are still pressing ahead with the hearing on Monday (as I suggested they would)!!

I agree with Crazy council's view that your Landlord's motivation for these possession proceedings appears to be to get you out of the property not to collect rent (which you've already paid prior to the hearing). He wants the property back so he can develop it.

I think you've previously said that you've got evidence of his application to the council for planning permission etc. If your preparing a Witness Statement (which you need to file at court and serve on your Landlord's solicitor by email tomorrow if the hearing is on Monday) then maybe it makes sense to include an Exhibit of the planning application etc as evidence. Have you got any letters or emails from your LL about his future intentions for the property?

I know you've written letters to the court on a couple of occasions but a WS/Statement of Truth is a document which you sign and swear is the truth which can be persuasive in court.

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

He is already demanding £500 in court costs. He wants my flat for himself so that he can knock through from his other flats to build a mega flat....I have a copy of his plans for the Schedule of works....which I think I should take along to court.

[Diana M]

Re: Suing the Council for wrongful prosecution.

I have a copy of his plans for the Schedule of works....which I think I should take along to court.

I would

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Yes, Di, I have a copy of the Planning application, which dates back to 2004 (when they...as in the LL and his partner owned the freehold of the building) His partner got wind of the fact I had acquired the document and swore blind to my face that no such document existed,....though he did say they 'may have doodled something on a beer-mat'...which rather amused me because the partner was the one who co signed the 14 page document!!

How do I go about creating a 'Statement of truth'? How is it any different to the 'mitigating circumstances' which has already been delivered to court? Sorry to ask so m any questions.....

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Below is the letter of 'mitigating circumstances

Dear Sir/Madam.


The mitigating circumstances directly leading to my rental arrears are as follows:

I have lived at the property for 24 years and have always paid my rental on time.

However, an erroneous decision by City Council, with regard to my Housing Benefit and Council Tax entitlement, saw my Benefit claim suddenly suspended in Sept 2013.
This means I had absolutely no Council funds from Sept 2013-Feb/March 2015 and suffered extreme financial hardship, from which to date I have not been able to recover.

I did mention this verbally to the Landlord in a chance encounter in the street (where I had successfully cleared my first set of arrears) late 2014, that I ‘was owed money and would be in discussions with the Authorities’.

Unfortunately the Landlord seized on this opportunity of my impecunious state to attempt to suddenly (after 6 years) affect over a 40% rise in my rental. This attempt was not in the prescribed manner of serving a Section 13 (only via email) and was also not in the correct time frame of at least one month’s notice (18^th Dec 2014 for a rise on 5^th Jan 2015) as protocol dictates. Additionally this was also the incorrect month to affect a rise since historically my rises have occurred from 5^th March. Because I queried the month (and indeed the rise, which was then referred to the Property Tribunal), It was at this stage the Landlord acquired the services of an ‘Agent’/ Solicitor who did then serve a Section 13. (The Property Tribunal (in 2015)‘accorded with my preferences’ with only a slight rental increase, however, I am currently in receipt of another Section 13 for over a 30% rise due to start on the 5^th July)

Meanwhile(simultaneously to above) I endured the Court case with the Council, which was eventually abandoned by them, but still they did not re-instate my money. The council then delayed the independent Tribunal Appeal (which should have been heard in June/July 2015) until it was eventually heard June 1^st 2016. I recently heard The appeal was upheld and am currently seeking to recover suspended Housing benefit funds and also Council tax which was paid by myself…… which should also be returned. It is therefore likely that I would be in a position to clear any/all rental arrears by the time of the Section 8 hearing in July, after which, moving forward, I would be able to resume with my normally unblemished record

Please find letters from my Solicitor to both Housing/ Council Tax and the prosecution officer, which vouchsafes that my ‘temporary’ financial downfall was of a direct result/consequence of errors made by the Council over that particular time period. Non -payment of my rent (recently) is completely uncharacteristic and an anomaly when put in the context of my previous rental payment history of the last 24 years.

I therefore earnestly request that you do not grant an order to repossess my home.

Yours Sincerely

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

The Ll's solicitor has now issued me with a ' Notice of change' to confirm that the LL is now acting in person.
He has studied law and is a legendary 'spin doctor' ...so since I am unrepresented, will be like David and Goliath......(eek)