possession notice following section 8 and left propert already

[confused mum]

Hi all! If anyone could give me any advice I would appreciate it greatly. below is a sum of what has happened in billet points:

 

1 - LL had served a section 21 previously and it was thrown out at court in August 2010, due to not putting deposit into scheme (AST agreement feb 2008)

 

2 - LL placed deposit into a scheme that allows late deposits. then served section 8 and section 21 in September.

 

3 - Moved out of private LL property on the 8th October when I was given a property by the council as my family was potentially homeless, it was a long wait but very quick at the end/very sudden.

 

4 - Left the property in very good order with photograhic evidence. Sent notice of quiting property on the 18th October after cleaning carpets and painting walls (although now in new flat)

 

5 - Court Papers for section 8 for arrears on grounds 8 10 and 11 received today (25/10/10) via redirection of post. It is dated 12/10/10 and court hearing is on the 11/11/10.

 

6 - I do not agree with the rent arrears he states for many reasons, which I can go into detail later if needed.

 

7 - should I or can I counter claim on late payment of my deposit into scheme?

 

8 - I have not told my LL of my new address as yet.

 

Any help would be great.

 

Many thanks in advance

[MrShed]

- If you are planning on contesting the rent arrears then yes, you should go into those reasons.

- You cannot counterclaim for late payment - not the right place to do so.

- Irrespective of the above, I would advise against claiming for late protection as given current rules, it is unlikely to succeed now that the deposit is in fact protected.

- When was your due rent date?

- Have you returned the keys?

 

As a point of note, I am interested to see if a Section 8 hearing will be entertained now that you are no longer in the property.

[confused mum]

Thanks Mr Shed

 

Rent due date was the 8th of every month

 

Yes I have returned the keys via recorded delivery 18th October.

 

Its just a case of things crossing in the post and the council offering me flat affter someone refused it and I got keys on the same day or I would be banned from bidding on property for 3 months.

 

I was going to ring court tomorrow ask them as its the 14th day to reply tomorrow

[MrShed]

You are aware I assume that as a months notice needs to be given to end at the end of a rent period, you are liable for rent right up until the 8th of Dec?

[confused mum]

Mr Shed thanks for your replies and I am aware of this. But as I had to move quickly as it was the council system of rehousing my family at very short notice, I had no chance to actually five my LL notice required. Its just one of those things I suppose - but he LL did put me into a corner after me telling him back in February that I needed to leave as I couldnt afford it any longer. LL refused to believe this and wouldnt give me reference to get a private rented (more affordable place - which I had found via a housing association and they accepted me even though I had declared myself bankrupt in 2008 due to a break up of marriage). I had been paying the arrears I had every month and had kept to it and I wanted to keep to this arrangement but he wanted it all within a very short time which was impossible, hence I had to stay and get into more debt until being rehoused. I had to ask my LL to serve notice on me. It all sounds bazaar but he has caused the debt to accumalate and now he wants it by this method

 

Anyway I have ranted a bit too much but I think he is an idiot! He could have let me go months and months ago he could have rented it out to someone who could have afforded his property and I could have carried on paying him £100 per month towards arrears.

 

Thanks to anyone who reads this

 

I have just checked DPS to make sure my deposit is secured as I have never received notification from the scheme itself. It isnt!!!

 

I have completed my defence and re looking at the LL claim there are typo errors eg the rent arrears they have added it up wrong and has a total of less than 2 months in arrears, Plus they have stated that the renewal date of AST was in October 2008 and it was in fact February 2008.

 

I have all supporting evidence to take to court regard to disrepairs and unusable room since feb 2010 and no water for 2 months and a huge hole in the garden where the ground has just given way etc etc. Plus photos how I left the property - painted and carpets washed etc...

 

Should I do a counterclaim N208 for a counterclaim. When reading Saad v Logan court hearing which was also a section 8, it sounds very similar to my circumstances. Can someone tell me if the defendant in this claim actually did a counterclaim or just mentioned the deposit and fine to be used to set aside the arrears?

 

So my LL hasn't bothered to protect the deposit even after a failed section 21 where the judge struck it out! And thinks he can still get away with it!

 

I think I could win this - but can anyone tell me any pitfalls I may have not foreseen.

 

Mr Shed thanks for your replies!

[confused mum]

Hi

I went to court and LL didnt attend but she was represented by a solictor.

 

Had handed in evidence etc prior to court hearning for all parties but judge just wanted me to answer some questions.

The judge asked me if I agreed to the LL claim of arrears and if not why not.

I answered with a few reasons eg told LL I needed to move out in February 2010 as I couldn't afford the property any longer and LL refused to give me a reference after I had found a cheaper place with a housing association. The LL wanted full arrears within 6 months and I couldn't promise that but agreed to pay at the arrangement I had kept to for 2 years. The LL knew I was a bankrupt and knew I couldn't find a private rented property due to this. The council and shelter advised me to not make myself potentially homeless and the council put me on the housing list but I had to stay put.

 

Plus there were issues with having no water over last Christmas (from December 2nd 2009 - Feb 2nd)2010) I told the judge that I did not withhold the rent but paid for the repairs and the rest of the money went to LL. I do not believe I should have paid rent as water should have been important to fix but LL was in vietnam and he told me to sort it myself! Many emails to support the problems I had with getting any support from LL. Plus since 1 bedroom a n 2 bathrooms were out of use due to leaks and the built in dishwasher was not repaired since december 2009, all which the LL failed to repair after many pleads.

 

I then explained that I was no longer at the LL house and he was notified of this weeks before the court hearing and before I had received the court papers.

 

The judge then granted the possession. He also made sure it was worded in a way that would not affect me. He was nice to me.

 

Then he said to us that with the 2nd issue of the claim was the money claim and that seemed to need at least a 30 minute hearing, which would have to happen at a later date. He told the claimants solicitor to review the evidence I had produced and now defend this. This is where I got a little confused.

 

Can I now defend the claim and defence he might bring in response with a counterclaim of failiure to protect the deposit.

 

I found out only days before the court hearing that the LL had not in fact protected the deposit. No reference number given to me, just a notice via a website solictor to say the intention. I stupidly just assumed it was protected. But I checked and it wasn't. Can't believe he nearly pulled the wool over my eyes.

 

So looking at the SAAD v HOGAN case, it seems very similar to this.

 

Can anyone advise on what I should do?

 

thanks

Edited November 20, 2010 by confused mum