Accelerated Possession

[AA99]

I have a court date hopefully being postponed from 25 October to 1st November...... are there any court buddies in or near Bristol? We have a solicitor on legal aid but it doesn't provide for her to attend court with us

[locutus]

How did this go?

[AA99]

Without starting my own thread just yet,

can anybody confirm the following.

 

I was sure I had read somewhere that where a tenant on an Assured Shorthold Tenancy Agreement has vacated following the court issue of an Accelerated Possession order that any arrears or defaults could not then be made?

[AA99]

We got evicted on Accelerated Possession!

[45002]

Without starting my own thread just yet, can anybody confirm the following. I was sure I had read somewhere that where a tenant on an Assured Shorthold Tenancy Agreement has vacated following the court issue of an Accelerated Possession order that any arrears or defaults could not then be made?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?324226-Urgent-A-court-Buddy-Required-Bristol-Area-1st-Nov&p=3949595&viewfull=1#post3949595 !

[AA99]

Thanks, but your link takes me to my own posting

[AA99]

Can anybody help answer my question please?

[raydetinu]

I cant believe that is correct, the debt for unpaid rent must remain.

the S8 repossesion is just that to get the tenant out so it can be relet.

The LL may then sue for the unpaid rent from the tenant, which is probably not worth doing otherwise they would have paid the rent.

[AA99]

Thank you for your response. We had offered to repay the 4 half-months' rent in full when they started their action as long as they used the rent to carry out the repairs. They still would not and my lawyer failed to see what it was exactly that they wanted?!

 

The N244 form which we received yesterday says a damages hearing or the assessment of rent due and for judgement to be intered for that sum. It says that a hearing is not necessary but we do want to defend it, and their behaviour and bad treatment towards us.

 

Our previous landlord's superior agent (letting agents) ceased all property maintenance beginning from January last year after we had been there 8 years as exemplary tenants. Leaking, rusted radiators that were disconnected and not repaired/replaced, leaking shower cubicle, and exterior drainpipes broken and fallen off.

 

As I now know, I wrongly held back half the rent for 4 months to try to enforce them to carry out repairs. A new office manager arrived on the scene and issued us with a Section 21 notice in July. They dropped this case a day before the due court date. They then issued another action under Section 8.

 

In both instances, we filed a very construction defense and that was then an order for Accelerated Possession arrived in November. By now, we were so disgusted with their behaviour that the courts granted us the maximum 6 weeks with a leaving date of 3rd January 2012.

 

Their claim is completely incorrect and we have never had the opportunity to defend ourselves.

 

My husband is of poor health and is in receipt of Pension Credits and we have a 12-year old son who is in receipt of DLA.

 

With the previous actions related to Housing, we were able to secure a solicitor with legal aid but apparently this is now a 'debt' matter and we do not qualify.

[45002]

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195812

 

As I now know, I wrongly held back half the rent for 4 months to try to enforce them to carry out repairs.

 

I would ring these up http://www.nationaldebtline.co.uk/ Freephone number from payphone/landlines or Vist your local CAB office http://www.citizensadvice.org.uk/index/getadvice.htm

 

or

 

http://www.adviceguide.org.uk/england/debt_e/debt_help_with_debt_e.htm

 

See if they can help you ? or find someone represent you in the county court,Good luck....

Edited August 19, 2012 by 45002

[raydetinu]

Have you vacated the property? and if so when? not sure from what you say.

if not then suggest you contact Shelter, they may be able to help as eviction may the result.

there are various courses of action you could of taken, witholding rent is NOT one of them though.

A LL not carrying out essential repairs can and is often taken as affecting your quiet enjoyment of your tenancy, under the Landlord and tenant act. and you could of taken proceedings on that basis, as continued prevarication not to do these can be considered harrasement under the prevention of eviction act, which is a criminal offence.

Not paying rent leaves you open to the action of a section 8 and repossession as you have found out. Suggest you pay outstanding rent asap.

then take action on the above, however Shelter will advise.

was any deposit involved?

[45002]

http://www.consumeractiongroup.co.uk/forum/showthread.php?324226-Urgent-A-court-Buddy-Required-Bristol-Area-1st-Nov&p=3949595&viewfull=1#post3949595

[raydetinu]

ok, missed that.

The debt for rent stands then.

[raydetinu]

sorry,ok.

the debt for rent stands, however you can counter sue for the lack of repairs and the effect it had on your tenancy, quiet enjoyment etc.

[AA99]

Thank you for your responses. I only withheld half a month's rent at a time in sheer desperation to try and force them to do repairs. In theory, we were only able to use half the house! I was having to turn the cooker on full blast with the door open to provide heat to the kitchen/diner. The gas fire in the lounge had been in a state of disrepair for many months and I had personally and dangerously wired a battery in to make it work.

 

From 2006 to 2009, there were poor repairs made to the leaking shower cubicle upstairs which had leaked badly through the lounge ceiling below and rendered redecorating impossible. Eventually, the apologise and after I had personally repaired it, they let us off a month's rent in lieu.

 

One director had appeared unannounced at the house without an appointment demand £1000's unpaid rent, quite incorrectly! I was 2 weeks behind....... He offered to let us use the £1250 deposit to cover it!

 

The deposit, agents fees, and 1st month's rent was paid by the Royal British Legion in 2003 when we originally occupied the property. We have never seen a TDS Certificate from them and the RBL's letter clearly stated that they expected it to be returned to them on vacating the property and if not, an explanation as to why not.

 

At this stage, I need to know 2 things:

 

1) How to react to this N244a received yesterday from their solicitors, and

2) How and when to counter-claim and sue them for their mis-management and harrassment.

[45002]

I can understand why you withheld rent !

 

But you withheld rent and after 8 weeks of arrears it is mandatory eviction and Judge has No choice but to grant possession order on AST...

 

There is at least one Free phone number I posted here http://www.consumeractiongroup.co.uk/forum/showthread.php?362244-Accelerated-Possession&p=3950304&viewfull=1#post3950304 you can phone on Monday or Visit your local CAB office on Monday,they are best placed to advise you on this....

 

Good luck

Edited August 19, 2012 by 45002

[caro]

When did this happen?

 

Have you had to move out yet?

 

Had your tenancy ended?

[AA99]

Thank you, I now know that and have learned the hard way.

 

The courts gave us the maximum 6 weeks which took us to 3rd January 2012, so our Xmas was ruined and I had already got Shelter place us on the homeless register.

 

Why the agents chose to treat us like that I do not know!!!!

 

After over 8 years tenancy,

they had told us we were their longest remaining tenants and were exemplary.

They even gave us the top score on the 'search' for the new estate agents when I found us a new home at the last minute, ie, 28th December!!!

 

My local CAB is hopeless, impossible to get in without an appointment and never return calls on their answer phones. I am fully prepared to represent myself in court. I just need some assistance with procedures as outlined below...

Edited August 19, 2012 by AA99

[raydetinu]

As you had been their 8 years was this on the same contract? the deposit protection only came in on April 2007.

In any event as tenancy ended prior to April 2012 you cant sue for non-protection, but you can to get your deposit back, did you get the deposit back or did the LL keep it to cover rent owed, if so why are they sueing you.

As said you can counter claim for all the hassle and non-repairs which effected your 'quiet enjoyment'

Speak to the court about counterclaim.

But suggest you write to their solicitor first detailing that you are going to do this and on what grounds and list everything that was wrong for how long etc.

Loss of amnenity, use etc.

Did it have a gas safe certificate that had to be renewed every year ( legal requirement )?

[AA99]

The lease was originally renewed every 6 months at an admin cost of £30 but after the first 5 years, we were issued with a 12-month lease.

 

I have no idea what happened to the deposit.

 

The gas certificate had not been done for the last year that we were there and I have a recorded telephone call to their office proving this (thank you Truecall), however, they quickly sent their gas man around before we vacated and he signed it off saying the fireplace was OK. I have taken photographs to prove it was not!!

 

I am very concerned about the time factor as they say a case without a hearing has been fixed for 4th September. How do I seek advice, prepare a defence and submit all this prior to that date?

 

Do you think a letter to their solicitor saying that we are more than prepared to counter claim will make them back off? I do think they have used bullying tactics from day one......

[raydetinu]

Have you asked them for it back? if not do so and see what they say.

In each of the contracts they must acknowledge that you paid a deposit, that is your confirmation that it was paid.

Yes tell them you are going to counter claim, and you want the deposit back.

include that therew as no gas cert, everything you can think of.

Put all this as your defence.

Also the letter you send to them.

You can take all this to court and submit on the day if you have to.

The court will assist, please speak to them.

Also judge will be fair and wont lat them bully you, this is not a criminal trial.

But eveidence is king have you photos of things that were wrong, letters asking for repairs etc. that were not done, copies of the contract with the deposit shown.

These will all help your case.

[AA99]

No, I never asked for the deposit back because I've never had a certificate of TDS. They just added a paragraph in one of the leases saying it was held with one of them. Also, I have the original letter from the Royal British Legion saying they expected it back!

 

I have all the evidence, phone calls, letters, photographs, witnesses. I filed all this in our defence when they issued the other court cases but they dropped them both the day before they were due to be heard!

 

They had sent us a 'bill' in May this year which we ignored. It included costs for carpet cleaning (after a family of 4 plus dog after 8 years?!) and most damage had been done by leaking rusting radiators! The bill did not include the deposit being deducted.

 

I am a bit confused as to whether I should in the first instance write to their solicitors stating that I intend to defend and counterclaim or if I should write to the court and say this or if I do all this on the day of the hearing.

 

The N244a I have received from the solicitors says a hearing is not requested?!

[mariner51]

raydetinu, this appears to be a Judge's deliberation on the 4th Sep, not a hearing, so I would suggest OP provides letter to the Clerk of the Court, with copy of N244 by 3 Sep stating OP wishes to contest.

[raydetinu]

yep, agree, you should reuest a hearing on the grounds you wish to contest, speak to the court they will tell you what to do.

then write to LL and request deposit back etc. and other points you will be seeking compensation for.

[AA99]

Thank you kind people

 

The covering letter is entitled Notice Of Hearing Of Application and then the actual N244 says:

 

Q3. What order are you asking the court to make and why?

The listing of a damages hearing for the assessment of rent due and for judgment to be entered in that sum.

 

Q.4 Have you attached a draft of the order you are applying for?

No

 

Q.5 How do you want to have this application dealt with?

Without a hearing

 

Q.10 What information will you be relying on, in support of your application?

The claimant issued proceedings for a possession order and rent arrears following the service of a Section 8 notice. In the event there were delays in the matter being listed for a hearing. In those circumstances the claimant chose to pursue a separate possession order through the accelerated route followinng service of a section 21 notice. A possession order was duly granted on 22 November 2011.

 

It is the claimant's case that the defendants owe rent arrears in the sum of £xxxxxxxx plus legal fees of £535.

 

The purpose of this application is to ask the court to list these proceedings for a 30 minute hearing at the first open date for the rent arrears to be assessed and for a judgment to be given for the sum found to be due..

 

 

 

Apologies, but the legal wording is baffling me a bit. Also, should I also be hearing directly from the court too??

 

I shall phone the courts shortly and start getting my letter together.

Edited August 20, 2012 by AA99
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