Small claims court appeal - Landlord rent

[Lincolnimp1970]

Hi,

 

I am due in court in six weeks time to appeal the decision where my landlord was awarded rent, after I had moved out.

 

The origional case was very lengthy ,and assisted with advice from the CAB (face to face), Shelter (website) and a solicitor (legal advise). The actual day in court took in excess of two and a half hours, during which I effectively lost.

 

My appeal descision has been made and accepted, the transcript of judgement has taken over eight months to obtain, and are 7352 words! As my solicitor said - the simple ones are often the most interesting!

 

My claim was actually for the DPS to release my own deposit back to me. The LL was thus the defendant. The legal arguement given to me was tha the Landlord had not issued a section 21 notice requiring possesion; Instead, he had written to me with a contractural change proposal. In it he advised me that my permision to reside had been withdrawn and that I was to leave by .... 'at the latest'. My departure date was therefore anticipated to be on an earlier date than the date the landlord avocated, and the rent paid to that date accordingy. My consideration and acceptance of the Landlords contract change was evidenced by my acceptance letter. My case was thus pivotal around the fact that this was seen in contractural grounds, which legal evidence seemed to support.

 

The judge however saw things differently.... A few excepts:

 

Me: It is contractural law, obviously'

Judge: Well, it is actually more complicated than contractural law. Contractural law is a lot easier than landlord and tenant.'

Me: But there was a new part of the contract that was formed with Mr .... letter. That is a new contract.

Judge: No it is not a new contract. It is a section 21 notice or purported to be one, but not in the right terms of the wording. It is a perfectly normal legal position. It is all laid down in Parliament. It is not me who is making this.

 

 

I was on the understanding that a section 21 notice had to be headed such, and needed to give the address of both the address and the addressee, for it to be legally considered as a section 21 notice. My notice was not.

 

Could anyone help with teh following questions:

 

a) I need to lodge "skeleton arguement" Do I need to argue against the judges's transcript, or is it case of representing the facts?

b) Any other advise??

 

My main reason for my court case is not financial (it has cost me hundreds); it is moral. My landlord has a number of properties and he advised me that he was used to getting his way, with his tenants, many of who are on benefits.

 

Kind regards

[stu007]

Hi Lincolnimp1970

 

Welcome to CAG please be patient as I am sure the caggers will be along to give you their wisdom.

 

In the meantime why dont you have a look around the forum as their may be threads of interest.

[AndyOrch]

Thread moved to Residential Lettings

[Steve__M]

Well obviously folks here see far fewer claims than judges. But hopefully we can prompt useful thoughts.

 

How much earlier did you leave?

 

What was the start and end date of the fixed term?

 

When was the letter sent?

 

When did you move out?