Landlord won CCJ by default (unknown to me), now threatening bailiffs!!

[spurious]

you are most certainly entitled to see copies of the bills that he is expecting you to pay.

 

He provided a partial bill but not a complete copy showing total funds payable etc. - I'm also asking for all receipts for rent received and monies taken from my deposit. I think that's reasonable to expect before any final payment, don't you?

[BRIGADIER2JCS]

You really don't need to qoute ''laws'' the evidence is there, you have been for one thing of FRAUD which is clearly defamatory and if he has said this to otheres or written the accusation it is slander/libel.

 

The ICO view he may attempt to put forward would be that your''tenancy agreement'' was just an agreement made privately and not a business matter.

Yes you are entitled to a full and detailed of any alleged ''expenses'' bills etc he claims are your responsibility.

[stu007]

Hi

 

Just something to consider as the ex landlord is playing games so to speak is since they are a Private Landlord most but not all Local Authorities require them to be registered now, so you could check with the private landlord section of the Local Authority that they are registered with them if they are required to.

[BRIGADIER2JCS]

Good idea stu!!!

[spurious]

Thanks for the replies. This is so helpful.

 

Presumably the court would want to know what I actually 'want' by suing for defamation. Do you think a financial sum akin to the amount currently being unreasonably demanded along with unspecified damages for embarrassment and stress is reasonable?

[citizenB]

First of all you need to establish if any damage has been done to your reputation.. so a copy of any communication with your employer and new landlord is a must.

 

Concentrate on getting all your ducks in a row before taking potshots.

[assisted blonde]

A defamamtion action is not a cheap option, you need to see a specialist solicitor if you intend taking this action.

[BRIGADIER2JCS]

I agree with CB don't jump too far ahead at this point.

[BRIGADIER2JCS]

A defamamtion action is not a cheap option, you need to see a specialist solicitor if you intend taking this action.

 

No where near that yet AB, this is for the LBA first then action can be properly considered.

[spurious]

I understand that a lba is necessary procedurally but if defamation has occurred I don't see how an lba can redress this. Even if the LL complies by providing paperwork that allows for a figure owing to be established, the damage is done. Should the lba also ask for a written apology?

[citizenB]

I would be "demanding" a written apology, yes

[Lea_HTH]

I am with CB and AB...

 

There is an obvious defence available to the LL just from the information the OP has provided (which indicates the LL is likely to also be able to provide some proof). Including any form of claim for damages for defamation in a county court claim is going to ensure the entire claim is transferred to the high court and expose the OP to additional (massive) costs from the outset for his own fees, let alone if (when) he loses and ends up having to pay the LL's costs also.

 

It sounds like the OP and the LL are in dispute over an amount that probably doesn't come to more than a few hundred pounds (if that), and therefore the best way forward is to simply stick to the easy (and cheap) part - letter requesting details of the information (and a copy to be kept by the OP as proof if the LL goes to court). It won't be an LBA, because the OP doesn't have a claim to put before the court (I think the defamatory claim is spurious!) - it would be the LL's claim for payment, at which point the OP can put in his defence.

[BRIGADIER2JCS]

I understand that a lba is necessary procedurally but if defamation has occurred I don't see how an lba can redress this. Even if the LL complies by providing paperwork that allows for a figure owing to be established, the damage is done. Should the lba also ask for a written apology?

 

Yes the idea is to get the LL to admit he is wrong and to settle without the need for litigation.

[mariner51]

Reading #1

 

OP stayed for only 3 months on an AST before vacating.

 

Was this by virtue of an assignment for remaider of fixed term ie 3 months. If not & we assume a monthly periodic T was granted from D1, did OP provided required written valid NTQ to leave when he did?

Also if rent was due monthly in advance, why did OP say he would pay for his last period of occupation at the end of the cal month rent became due?

LL is not obliged to provide receipts for completed work, only reasonable ESTIMATE of cost, based on commercial rates.

 

Slander, liable & defamation are seperate issues, not covered by LL&T legislation. I doubt DPA would be engaged as LL is not a Public Body or associated business. I doubt LL is even registered as a Data Controller (sep issue).

 

If deposit was protected, OP can request DPS ADR adjudication or if not, SCC for alleged damage costs

[raydetinu]

I agree with M51, we need to establish the tenancy agreement and under what terms it was eneded!

And was the deposit protected; that would be a better route to establish credability of any claim.