CAN ANYONE WHO READS THIS PLEASE GIVE ME SOME THAT IS CORRECT AND FACTUAL BECAUSE I HAVE TO HAND IN MY DEFENCE FORM AND EVIDENCE TO THE COUNTY COURT TOMORROW.
This is something I think everyone should read as it may help you defend a sec 21 and eviction.
I will give as much information a possible without it becoming to long to read or confusing. I will refer to the Landlady as She or Her.
In August 2017 I moved into a self contained unit in a house that had been converted to 6 flats each with electric meter, bathroom, simple kitchen unit but still classed as a self contained studio. She did not take a deposit to avoid depositing it.
Even the kitchen and bathroom had been converted into flats.
as it had been done a few months before the other 5 tenants and i had moved in there was a lot to been done yet the landlady still demanded the £800 monthly rent.
In addition the electric had been sub metered and we/I were have not been given a top up key or card we had to give Her £10 every Sunday and she would use a disposable prepaid card then tore it up so we could not read what was on it.
She was charging us 20p kwh day or night.
She put the heating radiators on when it got cold in December and put it on a timer to suit her as she was paying for it.
I noticed that the extension at the back had walls that were not straight and all partition walls had no insulation.
Heating the place got very expensive costing Me £40 a week.
That suited her very well that she gave every tenant an electric blanket for Xmas .
All the other tenants praised and thanked her saying she was the best landlord ever.
OK I WILL EXPLAIN VERY BRIEFLY
By now it was clear that getting them to report her to the council would be futile so I did it myself in January. They told her and she gave me a section 21 as tenancy was 6 months.
I read it would be invalid if name was spelt wrong and she put a O instead of A.
I had broken my leg badly mid January at work so was off for the next 6 months and being self employed the council now paid my rent.
BTW....4 other tenants all on ESA and taking illegal substance paid for by tax payer.
I thought council would take action but nope.
I lived in a hostile place but they slowly came around to listening to me when I showed them how she was robbing us.
It was only 30 June 2018 that a enforcement notice came from the council stating no planning permission and illegal use as flats that has to be rectified within 4 months of the notice.
I thought finally they took action even though very late.
11 July an eviction notice is put under my door saying I had to be out on 19 July.
Seems she had had a tenant get all important mail so I did not even get the defence form.
i text her and asked where all that information was and she just replied i have until 19th.
On 18th in went to court with a few photos of the place and n244 to stop eviction and give me a hearing and got one for 20th.
On the 19th she came to the house and thought I was out I could hear her shouting to a tenant in room 6 above me as I am 4, asking why he didn't tell her I went to court etc.
I ignored them and did my research for hours trying to find something to help as I knew the wrong spelling would not be enough when she tell court a lie that I got all letters from court. I was up all night and went to court for 10am and she was sitting there looking all confident.
what I did was to tell the judge that the sec 21 was invalid because the EPC she gave me was not valid as law state every self contained unit must have its own EPC.
she must pay me £200 and face a fine of 5000.
I went on to say the GAS cert she gave me was also invalid because it has a Beko gas stove test results in the kitchen....OPPS, there is no kitchen in the house or gas stove,
I went on to say the law says if she sub meters electricity she can't charge more then what she is paying the supplier and if she did she is to pay me back double plus the bank of England interest rate (needs better explaining I m writing fast as its getting late) she charge 20p and at times was paying 10p.
The Judge had to look up everything I said for 30 mins then came back and told her I made my case the sec 21 is cancelled. She did say anyone can say they didn't get the defence form and he explained that when I got the eviction notice I contacted her and took action in taking evidence to court, And that did not make a difference because my EPC evidence is water tight.
She kept insisting about the defence form so the judge said he will give me the form and other docs and I should file my defence form in 14 days which is tomorrow.
to make things worse she offered me £500 to move out as she needs the property empty to do the work and I turned it down.
She turned my electric off this past Monday saying she was changing the meters.
Yet I told her I was doing my evidence for court and she kept it off all day.
My question is
can counter claim and ask for the £920 paid in electric, £200 for epc, my time and expenses gathering evidence and the stress I been through in the past 2 weeks or do I have to file separately in small claim court?
I also want the court to award me an amount that will get her to know she is not above the rule or law because she has 12 other tenants living in the same type unit as I and just yesterday she tried to rent flat 1 that got vacated when she gave a sec 21 because he spoke up to her
Thank you for your time.