Urgent help with defence please

[Planner]

I have been saying from the onset, if you have no advice, then don't post anything!!! Anyway, none has been offered from the onset.

 

Do stop with the nonsense remarks. Would you like it if I made remarks against "you and maybe others" in return?

 

You have been given the correct answer by three seperate and experienced posters in post 4,5,8 and 28.

 

To clarify, you had no right to withold rent without following correct procedure for disrepair and you have no right to terminate the rental agreement because of the items listed.

[Camster]

"Experienced posters"? Have you been in such a situation?

 

With regards to termination of the TA, it's amazing that different law firms interpret things differently. I relayed the case to the 1st firm. Response, cannot cancel TA, but can sue them. 1st firm relayed me to the 2nd firm. Accourding to them, I can cancel "due to the many breaches".

 

Planner, your 'answer' corresponds with the first firm. BTW, are you a lawyer? LOL.

 

BTW, I have every "right" to withold rent. It's 'merely' a contractual agreement. Similarly, the LA/LL have the "right" to commit criminal wrongdoing by not having a valid gas cert. Or... have the "right" to breach many clauses of the TA.

 

I'm a bit more in tune with tenancy law now. A tenant can't be forcibly removed - only by means of a 'possession order'. This takes time! LOL!!!

[Planner]

"Experienced posters"? Have you been in such a situation? Does one have to have experienced such a thing to know the answer?

 

With regards to termination of the TA, it's amazing that different law firms interpret things differently. I relayed the case to the 1st firm. Response, cannot cancel TA, but can sue them. 1st firm relayed me to the 2nd firm. Accourding to them, I can cancel "due to the many breaches". And have you followed the second law firms advice? - did this include withold rent? or to take the correct approach through the courts?

 

Planner, your 'answer' corresponds with the first firm. BTW, are you a lawyer? LOL. No - where you expecting all postrers to be lawyers on here? - Would you listen to a 'third legal opinnion' anyway?

 

BTW, I have every "right" to withold rent. It's 'merely' a contractual agreement. Similarly, the LA/LL have the "right" to commit criminal wrongdoing by not having a valid gas cert. Or... have the "right" to breach many clauses of the TA. - as previously stated - the 'eye for an eye' approach doesnt work.

 

I'm a bit more in tune with tenancy law now. A tenant can't be forcibly removed - only by means of a 'possession order'. This takes time! LOL!!! - Never a more perfect fit for the saying 'A little knowledge is a dangerous thing'.

 

All the best.

[Camster]

bedlington, we are all absolutely entitled to our opinions - so fair enough. My reading of this is different, and I stand by the point that the whole issue has become overly based on race in comparison to the original issue. However, this is obviously open to interpretation.

 

It should however be borne in mind that the race issue has NOTHING to do with the issue mentioned, hence why I believe it has been overly mentioned. Racial abuse is absolutely unacceptable, and should be pursued with the police in a criminal fashion. However, it has no relevance or impact upon the quite seperate issue of a civil breach of contract.

 

 

Mr Shed,

 

The gist is... there are 3 main aspects:

 

1.

The property was handed over in a bad condition. This is despite the conditions of the TA and inventory (which I attached to the claim).

 

2.

When I informed (many times) of these and additional issues (there were a lot!) that I came across, the LA responded with racist remarks (both spoken words and e-mail) - instead of gettings things done. Hence the race aspect has to do with the issue. You would have sussed this out had you read (properly) the initial post. This is what I stated from the start!

 

3.

The landlord also sent very a unbecoming e-mail which was filled with defamatory remarks.

 

The details of the above three aspects are given in the original post. I guess the burning questions now are... Should these be in a single claim? Or separate ones? LA & LL in same claim?

[Camster]

Quote:

Originally Posted by Camster

"Experienced posters"? Have you been in such a situation? Does one have to have experienced such a thing to know the answer?

Given the unique nature of this case, yes!

 

With regards to termination of the TA, it's amazing that different law firms interpret things differently. I relayed the case to the 1st firm. Response, cannot cancel TA, but can sue them. 1st firm relayed me to the 2nd firm. Accourding to them, I can cancel "due to the many breaches". And have you followed the second law firms advice? - did this include withold rent? or to take the correct approach through the courts? Appropriate action via the courts. When in Rome, do as the Romans do. When in England, do as the English do. Based on my experience with LAs in the South/SW, conniving, cheating and breaches of agreement seem to be the norm. I'm just trying to fit in by witholding rent.

 

Planner, your 'answer' corresponds with the first firm. BTW, are you a lawyer? LOL. No - where you expecting all postrers to be lawyers on here? - Would you listen to a 'third legal opinnion' anyway? Actually a third and a fourth. I know, I've spent a lot in legal fee already. I was expecting impartial comments/feedback! Just that!

 

BTW, I have every "right" to withold rent. It's 'merely' a contractual agreement. Similarly, the LA/LL have the "right" to commit criminal wrongdoing by not having a valid gas cert. Or... have the "right" to breach many clauses of the TA. - as previously stated - the 'eye for an eye' approach doesnt work. Actually, when in Rome... see above.

 

I'm a bit more in tune with tenancy law now. A tenant can't be forcibly removed - only by means of a 'possession order'. This takes time! LOL!!! - Never a more perfect fit for the saying 'A little knowledge is a dangerous thing'.

Indeed! Just like "experienced posters" = birds of a feather....

 

 

 

All the best.

Many thanks. LUCK = Labouring Under Correct Knowledge.

[Planner]

I was wondering how long it would take you to bring 'race' up again (post 54 and 55). You really arent helping yourself in this respect.

 

Why not keep this thread pure tenancy/contract law and open a new thread in the main forum on how you should go about dealing/bringing a case forward for the inappropriate comments that the LA have made against you?

 

That way the race comments can be dealt with by 'fresh heads' who you havent (yet) upset?

[Camster]

So, it's OK for ppl to make random remarks and comments (i.e. defamation and malicios falsehood) as I am to be quiet not not defend myself? If I do, I am "playing the race card".

 

LOL. You confirm the contents of those BBC articles/clips.

[Camster]

Why not keep this thread pure tenancy/contract law and open a new thread in the main forum on how you should go about dealing/bringing a case forward for the inappropriate comments that the LA have made against you?

 

Because they are all tied! And I want to have them all in the same claim. Read #54 in it's entirety!

[Planner]

So, it's OK for ppl to make random remarks and comments (i.e. defamation and malicios falsehood) as I am to be quiet not not defend myself? If I do, I am "playing the race card".

 

LOL. You confirm the contents of those BBC articles/clips.

 

Of course you have a right.

 

For your benifit I am trying to find a way forward for this thread.

 

There are apparently two issues (which we have constently tried to advice ARE seperate);

 

1) tenancy problems

 

2) race remarks.

 

Your orignial post, while refering to the race issues was a request for advice on how to respond now that the LA/LL have taken you to court for none payment of rent. The site team, correctly identified your question and moved the thread to this forum where we have attempted to assist you. The racism you have experienced will not help you defend a claim for none payment of rent. You should instead, if anything, concentrate on disrepair.

 

Your thread has now developed into a request for advice on how/who to submit a claim against the racist comments of the LA/LL. While you have from the outset, recieved our view that any such comments are unacceptable, we are unable (and possibly unwilling after response recieved to the tenancy question) to give advice on this second topic. Again this would better be addressed by a new thread in the main forum concentrating on racism and how to submit a claim regarding it.

Edited February 19, 2009 by Planner
SP

[42man]

Camster....did you speak to the Embassy ? could they recommend a solicitor for you ? or are you going to fight this out yourself ?

[caro]

In all probability I believe you would need to take separate actions against the landlord and his agent.

 

Do you know if the agent is a member of a professional body such as ARLA. Their code of practice includes this:-

A Member Firm should offer equality of professional service to any person

and must not discriminate regardless of race, creed, sex, sexual orientation,

disability or nationality. A Member must not knowingly be a party to

discrimination by others in the performance or provision of services.

Regardless of this racial discrimination is illegal, and while not a reason to withhold rent, it is completely unacceptable to discriminate against tenants.

Discrimination in Tenancy Agreements