Urgent help with n244 to counterclaim

[lalalumpydumpy]

Hi I hope someone can help as I am an awful jam. i need more time than 28 days to dispute a money claims online claim from my landlord on the basis of

 

disrepair.. to the extent we had a carbon monoxide leak and are having cognitive tests..no gas checks were given since 2007 when the boiler broke down.

it has not worked the same since 2007 and gas expert has confimed the leak.

 

 

harassment ..calling banging on the door and shouting for all my neghbours to hear and my son crawls on the floor to hide. the same child who i would sat on his bed at night nudging him when he stopped breathing not knowing it was the gas leaking in the house .. god love him..

 

i just dont know we have been ill since christmas with tamiflu and then we both got bronchitis and i did try and get solicitors but they seem to think it's ok to bang the doors..or the boiler is fixed now so no disrepair,,..

 

we are being evicted after 5 yrs and my head is just wrecked trying to fill out a n244 ..what shall i put..do i tell everything such as boiler leaked and enclose documents etc.. i just dont know anymore.. i'm exhausted.. i dont have much time left

 

the landlord is claiming for 2 months rent.. i refused to pay as he handed me a section 21 before chrsitmas.. and i to be honest need the money to save a deposit to move.. he also has not protected my deposit.

 

i cant think anymore...

do i keep the request a simple i need more time to prepare a proper defence or do i need to give a whole sequence of events.. and proper terms such as

Defective Premises Act 1972

 

 

please help

[bedlington83]

Why do you dispute that you owe the money?

 

When was the last time you signed a tenancy agreement?

[MrShed]

From my reading of the (limited) information here, if you stayed in the property for the 2 months in question, then you owe the rent - no defence possible.

 

However, you can counterclaim for non protection of the deposit if you so wish, if the deposit falls within the remit of protection. As you have been there for 5 years, this is unlikely.

 

You can counterclaim for harrassment and the lack of gas safety cert, but I cant see any sizable punitive damages being assigned for this - you need proof of actual financial loss in reality.

[lalalumpydumpy]

Hi I dont contest the rent i want to counterclaim ..and the n244 was for extension of time to gather toxicology reports etc.

 

as it happens he has used a tenancy agreement with the wrong address in section 48 ie..he once had a letting agent and when we signed and renewed all these years the letting agent address was in the section 48.. the letting agent have told me the agreement is copyright and and also any letters we sent to him over th last 2 months have been binned as he is no longer their client.

 

 

 

. over 5 yrs we paid approx 80,000 pounds.. then due to not servicing we were exposed to carbon monoxide.. he did as we have found out have his own boiler serviced every year..anyway...anyway had a bit of a melt down last night and prob should have gone to bed.. my son has measured short term memory problems now as it was deemed the boiler was leaking for 2 yrs.. not nice for us really .

 

thnks anyway

[MrShed]

Are you still in the property or not?

[MrShed]

And have you contacted Environmental Health?

[lalalumpydumpy]

hi there boiler was put back together by a gas safe inspector in october 2009 he rebuilt it to examine the work of the engineer that the landlord had brought it..this was after advice from a gas inspctor i paid. the landlords gas people did not shut it off straight away or report the leak..etc.. as it was rebuilt by the gas safe master plumber and a carbon monoxide monitor tested the air for 2 hours i felt it was safe. enviro health i rang them 5 times left messages and no person rang me back for 4 weeks... yes 4 weeks...

 

we are leaving but my point was we lived there 5 yrs paid on time..didnt complain when boiler broke down for month 2 yrs ago..cooker broke down for 4 weeks etc.. the gas leaks and when i report him to gas safe he files a section 21 2 days before christmas.. we are moving next month but..not until someone i hope gives him a bloody good telling off as as far as now..he has got off scot free.. when i was ringing around for a bupa doctor for my son and attending appointments he sends me a letter about his deposit on a boiler... !!! no sorry no nothing..

 

do you think the section 48 is anything i can use.. is is an utter cad.

[MrShed]

Sorry, but can you try and post a little bit more factual, and broken down in bullet points exactly what has gone on and when, and what has been paid out?

 

I just cannot follow your posts.

[lalalumpydumpy]

sorry we had a death in the family.

 

i have found it very difficult to find a solicitor regarding this.

 

We had a carbon monoxide leak in the property we rented for 5.5 years. In that 5.5 years we had one gas check that i asked for .

 

 

1. 5.5 years we had one year with gas certificate
   

• 2 boiler breakdowns and it failed a gas tightness test in 2007 when iwe had no hot water or heating for month
  
• this year it was shut down by transco [national grid] for sooting on wall and was later found to be leaking carbon monoxide. the last gas certificate was over 2 years ago
  
• the landlord was shown on the property by "his" contract plumber a smoke bomb test in the boiler that showed smoke spewing out of boiler. this happened when i had my son at doctors for carbon monoxide treatment and referal to neurologists. when i returned from gp i was told by by landlords plumber there was no paperwork to give me..ie unsafe boiler notice etc..and both him and landlord stood laughing at me.
  

The HSE wont do anything as i called them even though there was a leak and no certificates for all the years. it was never serviced at all..

 

the council after me making 2 phonecalls for help phoned me back 10 days later..when the boiler had gone! even though i said it was a leak.

 

 

the landlord then gave me a section 21 and is now eviciting me

• i had a money claim online judgement against me for two months rent 2,000+
  

we were ill and it was difficult to get legal advice

 

1. i wanted to counterclaim disrepair not just with boiler but other items such as shower not working since 2005 ..he has noted this in inventory
   
2. oven not working for 4 weeks..he tried to fix it himself first
   
3. dishwasher not working for 6 weeks this turned out to be live as it was banging and blowing fuse
   

the landlord calls banging on the door every few days shouting even though i asked him to follow proper protocol and also to put in writing

 

his wife stopped us in the street and kept blocking our way shouting at my son.

 

they sent an awful letter to say they knew where my family lived and had friends in dwp, housing, and schools and would cause trouble for me and my family where i went after the ballifs took all my things and threw us in the street.

 

they have stood outside the door a school times when i have to collect my child from school .

 

i missed the court date.. i found one solicitor who held my paperwork for 13 days and promised to help but kep saying i haven't read the papers yet..

 

 

 

i am going to try a n244 to set aside now..

[lalalumpydumpy]

with regards the boiler a gas safe inspector came to rebuild the boiler to inspect the work of the landlords plumber.

 

he then sealed the flue and put on new seals..he tested it with a carbon monoxide monitor for 20 mins.. it was clear

 

he also left me a monitor

 

 

i am leaving the property in 4 weeks.

[lalalumpydumpy]

Just an update , i did set it aside, and the case was withdrawn against me last Friday