Particulars of claim - advice??

[faithdw]

Hi there,

 

following on from a different thread I have posted - deposit and evil landlady!! I am now attempting to fill out the N1 claim form.

 

How much detail do I go into on the form? Also, do I send in any evidence I have or just mention it on the claim form and then use it at the hearing?

 

Any advice would be very welcome.

[Joa]

It would be a little bit easier if you stuck to your original thread

http://www.consumeractiongroup.co.uk/forum/tenants/119542-deposit-evil-landlady.html#post1219683

 

I would always advise to go for paper N1 rather then online, as you have more space for your POCs and you can attach copies of evidence, legislation etc.

 

When writing POC I give the draft to a colleague who never dealt with the case, to see whether they make sense on a most basic level. Maybe you could do that too? Remember- attention span of DJs is appalling- keep it short and sweet, as you will have a chance to expand on it later on, but remember to put in all facts that you base your claim on as you will have difficulties to

"edit" your story when it come to the material facts.

 

Write the draft and post it (remove all identifying details)- I am sure some of the respected legal heads here will be happy to offer their opinion.

[faithdw]

Hi, Many thanks for that.

 

This just seems really long to me but need to say all of the following I am sure - any advice would be appreciated!!

 

PARTICULARS OF CLAIM

 

1. This claim is in respect of a deposit of £1125 paid on 23rd July 2003 under a tenancy agreement of premises at ****** The deposit is being held by ******Estate Agents on the landlord’s behalf.

 

2. The tenancy was an assured short hold tenancy. It was created in writing by a tenancy agreement dated 23rd July 2004 made between Miss *******, the landlord, and ******* the tenant. The tenancy was for a fixed term of 6 months, commencing on 23rd July 2003 at a rent of £750 per calendar month. Several new tenancy agreements were signed from then until termination of the agreement with the rent increasing to £800.

 

3. The tenancy was terminated and vacated on 23rd July 2007 by notice and the expiry of the fixed term.

 

4. I was given an inventory or ‘schedule of condition‘ after moving in. I refused to sign this as there were several issues with which I did not agree. I still have this unsigned inventory and unresolved issues to make available to the court.

 

5. On taking up the tenancy I was assured that the whole property was to be completely re-decorated and re- carpeted throughout. This was not done and a complaint was lodged.

 

6. Throughout my four year tenancy I made repeated attempts to ask for work and/ or repairs to be done. I was always disappointed with the length of time it took to resolve any issues. In many instances I was simply ignored.

 

7. In about November 2005 the hallway and stairs carpets only were replaced. Miss ****** is still insisting that a rear room and a bedroom had replacement carpets.

 

8. Upon discussion with Miss ***** I recommended that the hallway carpets be replaced in a dark colour. She agreed with me and assured me she had ordered a ‘coffee’ colour. This did not happen and the carpets when fitted were a light beige colour.

 

9. At this time, Miss ****** also agreed to the redecoration of the property. This was not done.

 

10. In February 2006, ****** attended the property and agreed the redecoration could take place.

 

11. In July 2006 I made a verbal agreement with a member of ****** staff, that I would only agree to a rent increase if this decoration and several other issues were resolved. This was never done and in March 2007 I decided that I would end my tenancy when it expired.

 

12. The property was subject to an inspection every three to six months. I was never given any indication that it was felt the property was in any state of disrepair.

 

14. On 23rd July 2007 the house was vacated and cleaned to a very high standard by both myself and my mother. I have photographic evidence of this to make available to the court.

 

15. After leaving the property I had numerous telephone conversations with members of ***** staff, it became clear that Miss ***** was unwilling to return my deposit. However I was given no definitive reasons for this. I was assured I would be given them and that they were awaiting evidence.

 

16. I then proceeded to write several letters requesting this information. The first was sent on 19th August 2007 with the final Letter Before Action being sent on 22nd October 2007. These letters can also be made available as evidence.

 

17. On 30th October I received a letter from Miss*****requesting that all dealings be made through ******* and that they had the information I was requesting. I collected this information in person that day.

 

18. Upon finally receiving the requested information I wrote to Miss ***** immediately disputing the following deductions. Information from Miss ****** is highlighted in bold.

 

19. Cleaning of property, walls floors carpets etc - £90.00 - I maintain that the house was cleaned to a high standard. The evidence provided was also merely an estimate not a receipt for work undertaken.

 

20. Painting in kitchen required to touch up damage, above wear and tear, replacement of kitchen light fitting and fitting of smoke alarm. - £420.00 - Firstly, the light fitting was removed within the first few days of my tenancy by an agent sent by ******* due to an electrical fault in the property. Secondly there was never a smoke alarm fitted in the property. Finally the kitchen was supposed to be painted before I even moved in to the property and I maintain that there were no marks or damage on the walls. I submit this is fair and reasonable wear and tear.

21. Painting of rear room - £350.00 - This room was made virtually unusable after a new boiler was fitted. A plumber left a large hole in the wall (which was eventually filled), uncovered metal piping and marks and writing across the wall. Despite this however there were no other areas of damage and this is again fair and reasonable wear and tear.

22. Repair to washing machine pump damaged by a toy - £68.00 - I was informed by an agent sent by ******that the washing machine had been so poorly fitted that it had messed up the drainage system. The drainage pipe was fitted so as it was going up instead of down. This caused it to get blocked easily and caused a hideous smell. I complained on several occasions about this prior to leaving the property.

23. Removal of rubbish from attic - £140.00 - The items were put into the loft when I moved into the property, it was a complete oversight on my part when I left to remove them. I submit any reasonable person would have seen this as an oversight and maybe tried to contact me about the items left in the attic, instead of just disposing of them. I had mentioned to ****** that I wanted to re-enter the property to get my personal possessions. I also wrote to the present tenants to ask them if I could come and get them. In particular there was a bag of letters, photos etc of extreme sentimental value that I have now lost. They are completely irreplaceable. I also feel that £140 is far more than is reasonable to remove a few items from an attic.

24. Replacement of carpets in hallway, rear room and bedroom - £800.00 - As discussed above it was only the hallway and stairs carpet that was replaced. The rear room and bedroom carpet should have been replaced before I even moved in. there were no stains or marks on the hallway and stairs carpet and this is again reasonable wear and tear. I have photographic evidence to make available to the court.

 

25. Smoke alarm - £8.98 - As discussed above.

 

26. Door handle and lock - £29.16 - these were broken during virtually the entirety of my tenancy.

27. Replacement of blind - £30.00 - These were old before I moved into the property. The string had broken on the back and I left the blind in the property. This is again reasonable wear and tear.

 

28. Materials - £93.24 - These items are not clear on the receipts. From what I can gather they are incidental decoration items.

 

29. I admitted certain deductions were my responsibility, the total for these is £67.20

 

29. On 5th November I received a call from *******to request a meeting to discuss the deductions. I attended a meeting with****** on 6th November.

 

30. During this meeting I made my position very clear that I thought Miss **** was being very unreasonable with her demands. ******* also said to me that the redecoration expenses were not necessarily an issue in the rear room or the kitchen but related to some drawings on the wall in the smaller bedroom. He also assured me that he had been requesting proof for some time regarding the replacement of the carpets in the rear room and bedroom. Miss****** to date has not been able to provide this proof.

 

31. During this meeting, in the spirit of negotiation and to try and avoid court action I agreed to pay a small proportion towards the cost of replacing the hallway carpets. I was assured that I would receive a revised proposal and evidence that afternoon.

 

32. I have attempted to contact******** and despite assurances that I will be contacted, no new information has been forthcoming. I am therefore applying to this court to draw a satisfactory conclusion to this matter.

 

 

 

AND THE CLAIMANT CLAIMS

1. The sum of £1057.80

2. Interest in accordance with section 69 County Courts Act 1984 at such rate and for such period as the court thinks fit.

3. Costs.

Statement of Truth

I believe that the facts stated in these Particulars of Claim are true.

Dated this 13th day of November 2007

To the court and

to the Defendant

******

Claimant

 

 

 

 

 

 

Of address

 

 

At which address she will accept service of proceedings.

[Joa]

wow, errr...longish.

Where is para 13? I would get rid of paras 6-11. Therefore you will need to edit further paras where you refer to "as described above".

[faithdw]

I know it's really long.....

 

will take your advice and work paras 6 - 11 into the latter parts.

 

I just dont want to miss anything out that i later need to rely on!!

 

God, why are landlords such a pain in the a**