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

[MoonTop]

try contacting them again tomorrow, they will do their best, but as you can imagine they are very busy and tis all free.

Thanks for your message : it help a lot.

Edited January 8, 2013 by MoonTop

[citizenB]

Have you checked your SPAM box, just in case it has gone into there ?

[MoonTop]

Have you checked your SPAM box, just in case it has gone into there ?

 

More than 5 times this evening.

 

Obviously, all these issues don't help with my chronic headache.

[citizenB]

Ah.. ok.. just a thought.

[MoonTop]

Hi all,

 

I have got the key since yesterday.

 

Thanks all.

[Ell-enn]

Hi, that's good news - can you please tell us how this happened?

[MoonTop]

Hi, that's good news - can you please tell us how this happened?

Since the local police didn't want to do their job I have sent a complaint by email to the Police Commissioner and sent a copy of this email to my landlord (the day before he tried to intimidate me by sending two of his relatives to "talk" with me).

Edited January 12, 2013 by MoonTop

[Ell-enn]

Hi, I meant can you tell us what actions were taken to get you the keys

[MoonTop]

Post #84.

 

Since the local police didn't want to do their job I have sent a complaint by email to the Police Commissioner and sent a copy of this email to my landlord (the day before he tried to intimidate me by sending two of his relatives to "talk" with me).

 

The solicitor I have found online has equally sent them a letter the previous day (= but that didn't convince them since after that they have tried to intimidate me) before I got the key back (I have received a copy of keys less than hour after submission of my complaint email to the Metropolitan Complaints & Satisfaction Team.

[citizenB]

Hi all,

 

I have got the key since yesterday.

 

Thanks all.

 

Great news. What are your plans now - presumably you will still have to leave the property, but not until February ?

[MoonTop]

Great news. What are your plans now - presumably you will still have to leave the property, but not until February ?

Try to find funds before february and then move in february ---> http://www.consumeractiongroup.co.uk/forum/showthread.php?378559-There-is-a-way-to-cancel-a-previous-employer-Pension-and-Life-Assurance-Scheme&p=4103436#post4103436

Edited January 13, 2013 by MoonTop

[seanamarts]

Have you tried the council, they often have a list of property's to let. Its worth a try.

 

You could also try the homeless officer at the council they maybe able to find you an emergency accommodation.

 

I am quite shocked the council didnt do more to help you.

Freedom from harassment and illegal eviction

This could include things such as changing the locks, cutting off your water or electricity supply, interfering with your possessions or threatening verbal or physical behaviour. The law offers protection to tenants in these circumstances, always seek advice immediately. The Environmental Health Department of your local council has powers to investigate such actions

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment.html

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment.html

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment/help-with-harassment.html#wipLive-12979-3

 

 

Your LL is completely out of order and what they are doing is illegal. Please read the above links, lots of information there on what you can do.

[45002]

Have you tried the council, they often have a list of property's to let. Its worth a try.

 

You could also try the homeless officer at the council they maybe able to find you an emergency accommodation.

 

I am quite shocked the council didn't do more to help you.

Freedom from harassment and illegal eviction

This could include things such as changing the locks, cutting off your water or electricity supply, interfering with your possessions or threatening verbal or physical behaviour. The law offers protection to tenants in these circumstances, always seek advice immediately. The Environmental Health Department of your local council has powers to investigate such actions

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment.html

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment.html

 

http://renting.housingadviceni.org/prs/advice-for-tenants/harassment/help-with-harassment.html#wipLive-12979-3

 

 

Your LL is completely out of order and what they are doing is illegal. Please read the above links, lots of information there on what you can do.

 

seanamarts

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377671-Unlawful-Eviction-today-Landlord-has-changed-the-locks&p=4095103&viewfull=1#post4095103

MoonTop lives in England,Not Northern Ireland..

 

Unfortunately It's not that easy,MoonTop lived on his own in one room and Had no witnesses !

 

OK MoonTop landlord had changed the locks,but MoonTop had not left his home for sometime due to illness.

 

It wouldn't have been until MoonTop had gone out and could not get back into his home,then the "TRO" Tenancy relation office/Solicitors could have acted under Protection from Eviction Act 1977.

 

I believe the Police could have acted under Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/contents

 

Repeated Harassment MoonTop had suffered from ?

Edited January 13, 2013 by 45002

[MoonTop]

OK MoonTop landlord had changed the locks,but MoonTop had not left his home for sometime due to illness.

My smartphone has a good recorder...

 

Repeated Harassment MoonTop had suffered from?

 

I am not sure to understand this part....

Edited January 13, 2013 by MoonTop

[seanamarts]

 

seanamarts

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377671-Unlawful-Eviction-today-Landlord-has-changed-the-locks&p=4095103&viewfull=1#post4095103

MoonTop lives in England,Not Northern Ireland..

 

Unfortunately It's not that easy,MoonTop lived on his own in one room and Had no witnesses !

 

OK MoonTop landlord had changed the locks,but MoonTop had not left his home for sometime due to illness.

 

It wouldn't have been until MoonTop had gone out and could not get back into his home,then the "TRO" Tenancy relation office/Solicitors could have acted under Protection from Eviction Act 1977.

 

I believe the Police could have acted under Protection from Harassment Act 1997 http://www.legislation.gov.uk/ukpga/1997/40/contents

 

Repeated Harassment MoonTop had suffered from ?

 

You are absolutely correct 45002, however the law is the same as over here with respects to harassment.

 

The LL should not of changed the locks with out letting the OP know before hand, at least 24 hours. The LL should not of entered the OP's residence without the OP being there unless there was an emergency. Again, the LL should of given notice. This is classed as harassment.

[45002]

My smartphone has a good recorder...

 

 

Good Idea

 

 

I am not sure to understand this part....

 

By changing the locks and stopping you from going out ?

[MoonTop]

Good Idea

 

By changing the locks and stopping you from going out ?

You have the response here ====>

The LL should not of changed the locks with out letting the OP know before hand, at least 24 hours. The LL should not of entered the OP's residence without the OP being there unless there was an emergency. Again, the LL should of given notice. This is classed as harassment.

I hope you won't mind if from now I ignore your posts.

 

Have a nice day....

[honeybee13]

You have the response here ====>

 

I hope you won't mind if from now I ignore your posts.

 

Have a nice day....

 

Hello there. The way I read it, 45002 is agreeing it's harassment, but hopefully they will confirm. 45002 is a regular contributor here and seems to help people, I hope you don't decide to ignore them.

 

My best, HB

[MoonTop]

I know that 45002 is telling the true but it is just that was exactly the words of a police officer a week ago....and that have just increased my migraine.

 

Sometimes there are some truth one prefer to ignore for at least few days...and due to my present heath (headache...) and last week events...i am trying to avoid further discussion regarding this harassment (I am trying presently to focus on rising funds in goal to move (i won't waste my time with complaint against landlord) asap).

 

Also, please 45002 don't stop your help...but I may answer (without wanting to be rude) with few days delays.

 

Also, since my headache has increased since yesterday i may reply to the posts of this subject with several day of delay.

 

Sorry for any misunderstanding and thanks again all,

 

MoonTop

[45002]

Hello there. The way I read it, 45002 is agreeing it's harassment, but hopefully they will confirm. 45002 is a regular contributor here and seems to help people, I hope you don't decide to ignore them.

 

My best, HB

 

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.

Edited January 14, 2013 by 45002

[raydetinu]

A bit worried, have you contacted your doctor about these headaches? they will visit or if persists call 999.

[MoonTop]

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.

 

Thanks again 45002, you are really helpful.

[MoonTop]

Hello,

 

I suspect a new coup my landlord has tried to do today: he has notified me on monday that an engineer and pest control will come today. This engineer as soon as he arrived start asking (by shouting) if there are cockroach in the property. He then added that if it is the case then he could not repair anything and also will leave straight.I think he is in complicity with the landlord and was trying to lie saying that I have made the property uninhabitable,etc...One of the other tenant had put a dead cockroach on the microwaves and dirtied the kitchen...

 

He will be back tomorrow (I guess because their today's didn't work...)

[MoonTop]

Hi all,

 

I have received today a defense form regarding a possession claim my landlord have made against me.

 

Previously, in November 2012 I have received an eviction notice (notice requiring possession under Section 8 (grounds 8, 10 and 11) & section 21 of Housing Act 1988)

from my landlord with a deadline of 05 February 2012).

 

However on 05 January 2013 (expiry day of my tenancy agreement (but one month before the deadline of the eviction notice), my landlord (despite of knowing that I am sick) have tried to unlawfully evict me by changing (without a 24 hours notification) the lock of the front door of the building by a way I could only come out but not come back in (he didn't give me a copy of the new key) : As a result I was locked inside the property for 6 days.

 

I had a one year Assured Shorthold Tenancy Agreement that will ended on 05 January 2013, but I have not found another accommodation due to my sickness.

 

 

Based on section 8, he is claiming 2 months rent arrears but for my point of view at the date of my landlord possession claim the rent was to date.

 

Previously, in the eviction notice my landlord had claimed that I had two months and two weeks rent in arrears while I had only two weeks arrears at that time (due to housing benefit payment delay).

 

- The court form is dated 1st February 2013 but I have received it only today : also, what is my deadline to return it to the county court?

- Originally I was paying £260/month (single room) (it is this amount that is on the possession form and eviction notice letter) all inclusive during the first 5 months of the tenancy and after the landlord claimed informally (when the harassment started) for a further £40 so after that he and the new tenants will stop the harassment. Also I was paying the £300 (£150 every two weeks) instead of the agreed £260/month but the harassment continued (no right to use the gas (kitchen), tenant who are relatives of the landlord slap the door while the well know i am suffering severe chronic headache,etc...) :

on the 11 January 2013 after beeing harassed again by the landlord I have just deducted the £40 paid each month during the last 7 months (£40*7 = £280).

This deduction has been made on the ground of 'breach of quiet enjoyment.

Due to the fact that was locked inside during 6 days I had to call a lot of 0845 numbers for advice and that increased my mobile phone bill to above £100. However I have not take this last bill in account regarding my rent payment.

 

Also, if I was right to do the above deduction then my rent arrear (but only on 05 february 2013 but not at the date the landlord has apply for possession) is only from 25 February 2013 to 05 March 2013 (height days).

 

Thanks in advance for your help,

 

MoonTop

 

Ps : The landlord had tried to unlawfully evict me several times few months ago.

My rent payment is presently up to date but I had two weeks delay during the last 10 months due to the Housing Benefit payment delay.

 

Presently, I am appealing for an esa claim that has been rejected.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?377671-Unlawful-Eviction-today-Landlord-has-changed-the-locks

 

This is the link to MoonTops original thread which charts the story leading up to this time.