Help preparing for court

[spitfire1]

Hi

I am a landlord who is owed 2 months rent (almost 3) I have served section 8 notice and filed for eviction via PCOL, I have got a hearing date set for early November and I haven't got a clue what I need to do ?

My tenant is a very clever gentleman who is on benefits and is therefore getiing free legal advice, I, on the other hand am at risk of having the property he is in living in and my home reposessed as I am getting into real debt !.

My tenant is being represented in court and is preparing to file a counter claim against me.

The history is this:

Tenant moved into the property in May, there have been some repairs need, the property was managed by a letting agent, from what has emerged, at the start of the tenancy the tenant reported some minor issues to the agency and they basically ignored the tenant, eventually the messages strarted getting through to me, but not before the tenant had become irritated and was now actively seeking issues.

The situation escalated and eventually I realised that something had to be done, I then disinstructed the agency to deal with any repair issues and instructed the tenant to only report repair issues to me and in writing, unfortunately during this period he had got Environmental Health involved and they heaped a load more issues on top, i.e. they risked the electrics as a category A and ordered a periodic review and inspection of the installation and that all remedial works should be carried out to IEE standards, other things included loft insulation etc.

Anyway, during all this time the tenant has not paid his rent (although he has not actually told me why) but I received a letter from the housing department informing me that Mr xxxxxx was not paying his rent due to repair issues that were so serious that Env Health were involved.

Well as I said, the case is going to court next month and I haven't got a clue how to deal with the court, I am really confused on how to prepare my case!!!!!!!!!, can anyone give me an idiots guide on how to prepare, bundles, witness statements (examples would be great!) also as it is PCOL how do I submit my evidence etc

Any help greatly appreciated.

[MrShed]

Have the remedial works been performed?

[spitfire1]

Originally Posted by MrShed

Have the remedial works been performed?

Environmental Health asked for loft insulation to be layed, I wrote back saying that I didn't regard it as a repair S11 act and that funds were obviously tight with no rental income, I stated that I would look to have it installed next summer or when funds become available.

Other Env health issue was state of roof, yes it will beed replacing but in the meantime I've had it looked at and there are no current signs of water penetration.

apart from 2 minor repairs that the tenant has scratched around to find this week, thats it !

[MrShed]

What about the electrics you mentioned?

To me there are two basis for the tenant withholding rent:

- The property is uninhabitable. I assume this is not the case according to EH?

- The repairs have been carried out by the tenant, and he has used his "right of offset" to use the rent due to pay for these repairs. Again, I assume this is not the case.

Seems to me that the tenant does not have a leg to stand on. However, I would strongly advise the remedial works are performed before you go to court - gives the tenant no defence.

[spitfire1]

Originally Posted by MrShed

What about the electrics you mentioned?

To me there are two basis for the tenant withholding rent:

- The property is uninhabitable. I assume this is not the case according to EH?

- The repairs have been carried out by the tenant, and he has used his "right of offset" to use the rent due to pay for these repairs. Again, I assume this is not the case.

Seems to me that the tenant does not have a leg to stand on. However, I would strongly advise the remedial works are performed before you go to court - gives the tenant no defence.

There was actually nothing wrong with the electrics - full periodic done, no faults found, but new IEE regulations say you need bonding between shower and light, this was done and a minor works installation was issued- WORK Completed

I have since found some loft insulation at B&Q which is on offer and can do the loft for £60, so im going to lay that at some point next week.

The tenant hasn't spent anything and hasn't formally told me why they are withholding rent.

Do you have any idea on how to prepare my case, i.e courtprocedure, bundles???, witness statements etc- totally in the dark and very very confused

[GlasweJen]

Sorry but if the environmental health are involved it has to be pretty bad.

Court bundles are explained in the bank templates library. The most important bits are that you include relevant legislation, any relevant case law and copies of any correspondence that relates to the claim. You make 3 idential copies and make sure there's a contents page with all pages clearly numbered.

[spitfire1]

Originally Posted by Jenschnifer

Sorry but if the environmental health are involved it has to be pretty bad.

Court bundles are explained in the bank templates library. The most important bits are that you include relevant legislation, any relevant case law and copies of any correspondence that relates to the claim. You make 3 idential copies and make sure there's a contents page with all pages clearly numbered.

Thanks for your advice- appreciated, do you have any links? examples?, sorry I know i'm a bit thick but its all legal jargon to me and means nothing.


however

Why would you assume that because Env Health are involved it has to be pretty bad?, Environmental Health are obliged to inspect any rented property at the request of a tenant, it doesn't neccesary follow that living conditions are bad, for example, the electrics were assessed as a band A risk (the highest level) a periodic report was ordered but all was well, infact the electrician noted that installation was "excellent"

So please don't make assumptions, there are some nasty vindictive tenants out there ! and I'm sure there are some nasty Landlords i'm not one

[MrShed]

Dont get me wrong spitfire, not assuming you are a bad landlord. But I think what Jen is suggesting is that for EH to either suggest or demand works are done, this is not something they do lightly. Hence why it would be strongly advised to do everything they have mentioned prior to the court date.

[spitfire1]

Originally Posted by MrShed

Dont get me wrong spitfire, not assuming you are a bad landlord. But I think what Jen is suggesting is that for EH to either suggest or demand works are done, this is not something they do lightly. Hence why it would be strongly advised to do everything they have mentioned prior to the court date.

A list of minor things, i.e. electrics, a new door lock, replace a bit of window frame and loft insulation, well I wasn't going to do the loft insulation, but have decided that for less than £100 I may aswell do it- no issues remaining.

Also, having read the HHSR guidance infor, the items listed are standard stuff, add a manipulative and persuasive tenant and you have a Env Health officer under pressure, lets take this thread for example, the power of having Env Health involved suggests that there are severe repair/living conditions at the property !- perception ! perfect fodder for sympathy at a court or the local housing offcer !- i've got a very clever tenant

Just need to put together all the paper work to file my case and quite frankly i'm out of my deprth and doomed to failure against a tenant who is vindictive in the extreme, smart with it and is being represented in court etc because he's claiming benefits and on legal aid- just doesn't seem fair to me that there are so many lazy B*st*rds who are better off than those who get on with their lifes and work for a living.

[GlasweJen]

Yes sorry that's what I meant, not that you're a bad landlord but that the EH usually mean business if they're writing letters. Make sure you do everything that's humanly possible to comply with the EH - that will go in your favour somewhat.

I'm afraid I know absolutely no case law on this but your library will have law textbooks, CAB might be able to give you some case names then it's just a case of printing off the case notes for the bundle I think. Reciepts for all work carried out would be helpful and certificates from people like CORGI and the like to say that the work is up to standard.

[spitfire1]

Originally Posted by Jenschnifer

Yes sorry that's what I meant, not that you're a bad landlord but that the EH usually mean business if they're writing letters. Make sure you do everything that's humanly possible to comply with the EH - that will go in your favour somewhat.

I'm afraid I know absolutely no case law on this but your library will have law textbooks, CAB might be able to give you some case names then it's just a case of printing off the case notes for the bundle I think. Reciepts for all work carried out would be helpful and certificates from people like CORGI and the like to say that the work is up to standard.

No offence taken

I've complied with every observation made by a EH (pending loft inds this week), i've got more certificates and invoices for this property than my own home, boiler and gas installation breakdown service- you name it- the property has it.

Ok- so its down to the library I go this week, hearing in a few weeks, always found CAB to be a complete waste of time !!! usually run by people who know as much as I do- very little, never been helped once by them- now given up on them.

[MrShed]

Exactly as you say spitfire - perception is the key

Hence why it would be very advisable to do everything on their list before the court date, even if they are minor items.

Good luck !

[GlasweJen]

Spitfire you want to make sure you come across as a concerned landlord who's doing everything he can by making sure the accommodation us up to standard and meeting requests in a reasonable time as your tenant will try to paint you as some scrooge type landlord. You want the court to see that despite your best efforts you're getting messed around for rent by this tenant who is on benefits and is milking the system to get what he wants without paying.

Certificates are important here, go through everything make sure the dates are all in order, get as much stuff together as you can because that will be key to proving that you're doing all you can. I don't see why loft insulation is all that important if I'm honest, yeah it's good for cutting electricity bills but at your expense?

Office of Public Sector Information has legislation that you can search by key word, it's time consuming but you'll get there eventually. You can search through cases here http://www.accesstolaw.com/site/default.asp?s=5 but I'm not sure how much use that site is as I never use it.

Good luck spitfire, keep us up to date.

[Ed999]

A section 8 possession claim is bad tactics.

To see why, read this thread carefully: http://www.consumeractiongroup.co.uk...-eviction.html

For information on your actual legal obligations as to repairs, read this thread: http://www.consumeractiongroup.co.uk...mmodation.html

For help on preparing your case for a court hearing, read Patricia Pearl's book, here: http://www.consumeractiongroup.co.uk....php?f=47&a=35

[spitfire1]

Originally Posted by Ed999

A section 8 possession claim is bad tactics.

To see why, read this thread carefully: http://www.consumeractiongroup.co.uk...-eviction.html

For information on your actual legal obligations as to repairs, read this thread: http://www.consumeractiongroup.co.uk...mmodation.html

For help on preparing your case for a court hearing, read Patricia Pearl's book, here: http://www.consumeractiongroup.co.uk....php?f=47&a=35

I appreciate your reply, but i'm baffled as to why you think S8 is bad tactics?, presumably you would allow a tenant to live rent free?.

There are no disrepairs issues, yes repairs have arisen, but I've always dealt with them.

My tenant has never actually stated why they aren't paying their rent, no I have got a very cunning tenant indeed !, screaming negligant landlord, call in EHealth, go to the doctors claiming stress.

I've got all the certificates, repairs are done promptly and any delays are generally caused by denying me access to fix them.

Sorry but i'm nobodys mug- just finding it hard to deal with the legal aspects- would love to buy the book by Patricia Pearl but quite frankly i'm skint and living on credit, while my tenant is quids in laughing their head off at my expense.

[MrShed]

I understand Eds logic. A S21 would be better, as it is automatic rather than requiring a hearing where you could get a tenant-sympathetic judge.