Need help for a defense form regarding my landlord court possession claim (after has tried unlawful evictions)

[MoonTop]

Hi CitizenB,

 

Obviously, if you want you can merge this thread with the previous related one but I am not sure I will have more response there.

 

 

Edited February 6, 2013 by MoonTop

[raydetinu]

you need to repond within 14 days I believe.

First thing, if you are now up to date with the rent and have the evidence send that!

You should mention that the extra £40/month he is claiming is illegal, unless you agreed to it! ( this could taken that you did as you paid it )

The rent cannot be increased within the first twelve months of a tenancy ( by law ) unless you agree to it, also the contract should be amended.

As for delays in rent due to benefit payment problems are not relevant, rent must be paid on time or within a reasonable time after due date, unless LL agrees or accepts.

If he has written to you saying this not accepatble then any futher delays could be used against you in this context.

If you can put together a list of all payments made and when since you moved in,up to present.

Not sure about S21 has the two months notice you received past and is the notice valid.

[MoonTop]

you need to repond within 14 days I believe.

This means that the last day I can send it is 20 February 2013 (I have sent an email to the court yesterday when I have received their letter in goal to acknowledge receipt on 06 February 2013).

 

 

First thing, if you are now up to date with the rent and have the evidence send that!

You should mention that the extra £40/month he is claiming is illegal, unless you agreed to it! ( this could taken that you did as you paid it )

The rent cannot be increased within the first twelve months of a tenancy ( by law ) unless you agree to it, also the contract should be amended.

In the claimant claim the further £40 does not occurs : only the £260/month (the original rent agreed : my bank statements of the first three months of the tenancy prove that was the rent I had to pay). The contract has not been amended : the landlord had just sent an email for this purpose but i have respond to him explaining that i agreed for the further £40 if the harassment stop...and that has not been the case so (the harassment still continue) and i think I will make a counterclaim regarding this permanent harassment ( a lawyer told me that in case it seems to be a "breach of covenant for quiet Enjoyment").

 

As for delays in rent due to benefit payment problems are not relevant, rent must be paid on time or within a reasonable time after due date, unless LL agrees or accepts.

If he has written to you saying this not accepatble then any futher delays could be used against you in this context.

I was regurly paying the half of the rent every two weeks. The landlord had not written against this two weeks delay except in the eviction notice received in november.

Edited February 7, 2013 by MoonTop

[45002]

Correct.

 

Hello MoonTop.

 

It is very important that you keep looking for somewhere else to live.

 

Simple reason is once your landlord has served correct papers on you,got the dates right,so on and Judge is happy everything is correct....

 

Assured Short hold Tenancy will end in your Lawful eviction by court bailiffs.

 

Sorry to be blunt again,what have you done to find alternative accommodation

 

Your LL will win in the end with a AST !

Edited February 7, 2013 by 45002

[dx100uk]

please keep to one thread with all related issues

 

dx

[citizenB]

Ok, is this a proper claim form issued out of Northampton County Court ?

 

If so, you have a timeline to adhere to.

 

Issue date 1st February + 5 days for service = 6th February + 14 days to acknowledge = 20 February + 14 to submit defence = 6th March.

 

Can you let us know exactly what it says on the claim form.. what the LL is claiming for ??

 

Is there any chance you can scan the front page of the claim form and post it here - you will need to edit out any personal information using your photo editing software.

 

 

Follow the instructions below.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[Ell-enn]

A claim for possession of property would be issued by a local court - is that what you have Moontop ?

[MoonTop]

Sorry to be blunt again,what have you done to find alternative accommodation

 

Your LL will win in the end with a AST !

Thanks 45002 but my problem presently is that I am sick and I am not even sure that I could go to the court hearing due to my sickness.

Edited February 8, 2013 by MoonTop

[MoonTop]

Ok, is this a proper claim form issued out of Northampton County Court ?

 

No, it is not in Northampton County Court.

 

Presently I do not have a scanner and really sick so I cannot do the process above.

 

The ground is : 'rent arrears'.

 

In the 'Notes for defendant' it is said :

 

'You should : fill in the attached defence form and return it to the court within 14 days of receiving the claim form'.

Edited February 8, 2013 by MoonTop

[raydetinu]

Shelter will help you, with advise and defence if they can

[MoonTop]

A claim for possession of property would be issued by a local court - is that what you have Moontop ?

Yes it is.

[MoonTop]

Shelter will help you, with advise and defence if they can

No, last time the sent me 'Community Legal Advice' who use a 0845 number (and I had more that £100 as mobile phone bill) and the solicitor was taking all his time and did not really resolve the issue (i had to make a complaint against a police officer before to have the issue resolved).

Edited February 8, 2013 by MoonTop

[45002]

Thanks 45002 but my problem presently is that I am sick and I am not even sure that I could go to the court hearing due to my sickness.

 

The court hearing could go ahead without you,if your LL can prove rent arrears im afraid it's mandatory possession order with a AST..

 

No, last time the sent me 'Community Legal Advice' who use a 0845 number (and I had more that £100 as mobile phone bill).

 

A bit odd that as Community Legal Advice will always tell you they will ring you back !

[MoonTop]

The court hearing could go ahead without you,if your LL can prove rent arrears im afraid it's mandatory possession order with a AST..

 

A bit odd that as Community Legal Advice will always tell you they will ring you back !

There is a queue isn't? And sometimes I had to call shelter several times (with my reference number) when i had new infos for the solicitor...and presently i would like to net get extra charges due to my sensitive situation. However, i may not have any other choices...and may call them tomorrow.

 

I have made my calculation yesterday and it seems that my rent still presently up to date : i am waiting for the bank confirmation payments done to my landlord through my bank account. In addition to this I will give my last month mobile phone bill (the monthly fee deducted) to my landlord.

Edited February 8, 2013 by MoonTop

[45002]

Sorry to be blunt again,what have you done to find alternative accommodation

 

Your LL will win in the end with a AST !

 

MoonTop

 

I don't think you fully understand or dont want to understand

 

How easy it is to evict a tenant with a AST via the courts and bailiffs ...

 

Your best bet is to find somewhere else to live asap and then sue your current LL in the courts for damages for attempted illegal eviction.

 

Good luck ....

Edited February 8, 2013 by 45002

[MoonTop]

MoonTop

 

I don't think you fully understand or dont want to understand

 

How easy it is to evict a tenant with a AST via the courts and bailiffs ...

 

Your best bet is to find somewhere else to live asap and then sue your current LL in the courts for damages for attempted illegal eviction.

 

Good luck ....

 

Thanks but as I have the opportunity to make a counterclaim in my defense I will do it.

 

Just a quick summary of your 'contribution' : a month ago when I asked someone to help me fill the n244 form you requested from the moderator (who was willing to try to find someone in forum to help me) to wait until I receive a confirmation from the court that there is truly a possession claim against me. Now, a month later, (after reception of a letter form the court regarding a possession claim)I am asking help in the forum to fill my defense form and all you are saying (despite of the fact I already explained you several times that I am sick, on my own and presently cannot move) are :

- the landlord has not committed any harassment ('he has just changed the lock'...)

- i may not have my rent up to date

- i have to leave the property, etc...

 

Thanks God that at least my sickness has not affected my intelligence.

[45002]

For reference

 

http://www.landlordzone.co.uk/forums/showthread.php?53006-How-to-fill-a-counterclaim-need-the-name-of-the-form-and-the-process

 

http://forums.moneysavingexpert.com/showthread.php?t=4380437

Edited February 10, 2013 by 45002

[assisted blonde]

the OP has been given good advice on this and other problems, however rather than act on it he seems to question everything if it is not the answer he thinks he should have, at the end of the day he has prehaps a bad landlord, rather than keep arguing with him I think his energy should be expanded into moving out as for whatever reason it is obvious that he is not wanted at this property & everything seems to be getting more and more confused.

[MoonTop]

For reference

 

http://www.landlordzone.co.uk/forums/showthread.php?53006-How-to-fill-a-counterclaim-need-the-name-of-the-form-and-the-process

 

http://forums.moneysavingexpert.com/showthread.php?t=4380437

You really make me laught but sad at the same time : you should compare your 'advice' with advice given on other forums : totally differents (but of course you could as usual say that sky is green while it is blue...).

 

Only you know the logic of showing that I have posted the same thread on other forum (if you think that i do not know that these links are easy to find using google) : for me your last post only says a lot about your own personality ('Op has posted same subject in three differents and also OP is wrong' : i am really sad for you....).

Edited February 16, 2013 by MoonTop

[MoonTop]

the OP has been given good advice on this and other problems

Good advice by 45002?

If yes, then you are joking .

 

I hope you do not really think that I needed someone before to know that I have to leave a property where I am permanently harassed: I have asked help in filling a counterclaim for in this forum and nobody in this forum (comparatively with the two others forum (proudly shown by 45002)) was able to give any relevant except the 'do you know that you have to leave?', 'you may not have paid your rent', etc...useless comments for a very clear request.

 

Please, as previously explained I am presently and it will be very great if you could not make me lose me energy for nothing.

 

If you cannot help then just ignore the thread instead of giving 'advice' based only on your prejudices.

[45002]

the OP has been given good advice on this and other problems, however rather than act on it he seems to question everything if it is not the answer he thinks he should have, at the end of the day he has prehaps a bad landlord, rather than keep arguing with him I think his energy should be expanded into moving out as for whatever reason it is obvious that he is not wanted at this property & everything seems to be getting more and more confused.

 

MoonTop.

 

What does OP mean !

 

OP stands for 'original poster'

 

The original poster is the person who started a discussion thread, and OP is used to refer back to that person as the responses grow.

Edited February 16, 2013 by 45002

[citizenB]

Thanks but as I have the opportunity to make a counterclaim in my defense I will do it.

 

Just a quick summary of your 'contribution' : a month ago when I asked someone to help me fill the n244 form you requested from the moderator (who was willing to try to find someone in forum to help me) to wait until I receive a confirmation from the court that there is truly a possession claim against me. Now, a month later, (after reception of a letter form the court regarding a possession claim)I am asking help in the forum to fill my defense form and all you are saying (despite of the fact I already explained you several times that I am sick, on my own and presently cannot move) are :

- the landlord has not committed any harassment ('he has just changed the lock'...)

- i may not have my rent up to date

- i have to leave the property, etc...

 

.

 

the OP has been given good advice on this and other problems, however rather than act on it he seems to question everything if it is not the answer he thinks he should have, at the end of the day he has prehaps a bad landlord, rather than keep arguing with him I think his energy should be expanded into moving out as for whatever reason it is obvious that he is not wanted at this property & everything seems to be getting more and more confused.

 

Moontop - I have to be honest, I too am confused.

 

I have tried to keep up with you, but the thread appears to coming full circle all the time.

 

If you require assistance with a defence and counterclaim then you are going to have to at least provide us with a draft to work with.

 

What exactly is your counterclaim ?

 

You mention a solicitor - why are they not dealing with this for you ?

 

Are you still in a position where the locks have been changed on the property and you are unable to leave ?

 

If the LL has now followed the correct route in order to repossess then chances are that you will be removed. Is that what you are actually hoping for in order that the Local Authority will then have to accommodate you ?

 

From what I have read, you have indeed been given sound advice which appears not to be what you believe to be correct. If that is the case and you consider that other options are available to you, then perhaps you could share those with us and they can be investigated on your behalf.

[MoonTop]

I do not understand your last post, but all i can say is that due to my sensitive situation I don't think it is wrong to try have different point of view from others (others forums) and I hope the solution I have chosen will give me at least two months (since I am trying to find a job in despite of my sickness (one day/week volunteering work that could lead to a paid job (crisis + sickness)).

[citizenB]

I do not understand your last post, but all i can say is that due to my sensitive situation I don't think it is wrong to try have different point of view from others (others forums) and I hope the solution I have chosen will give me at least two months (since I am trying to find a job in despite of my sickness (one day/week volunteering work that could lead to a paid job (crisis + sickness)).

 

That is very worrying if you dont understand what I am saying. I totally agree with you, you can obtain advice from other forums or wherever else you choose. But to then return here and say to people who have kindly been helping you, that they are prejudiced or dont understand your situation or that they are just plain wrong with the advice they have given you, is out of order !

 

If you believe that the advice you are being given on other forums / websites is better for your situation, then I simply dont understand the purpose of your demanding that those advising you on CAG see it someone else's way.

 

Almost certainly if you were to instruct a legal team.. they would not be impressed if you were to tell them that Joe Bloggs down the road is giving better advice ! They would probably say.. fine.. go and instruct Joe Bloggs

 

It is your absolute right to find advice wherever you choose and it is in your best interest that you confirm that advice is correct. However, if caggers have been giving advice, which is consistent, then I doubt you will change their minds to the advice you have been given elsewhere.

[mariner51]

I believe MoonTop is also posting on LLZ as MoonDragon and getting similar advice from their respected posters.

 

Not sure if posting on other Fora?