mall Claims hearing as defendant against former Landlady , PLEASE HELP!!

[KennyOye]

Help please: I have 5 days left to submit my witness statement to a claim initiated by my ex-landlady that we failed to honor the surrender of terms agreement and claiming for £2000.

The conditions of the Surrender are as follow:

a) That we pay £500 by March 15, which we did pay by March 14

b) A further £500 by March ending. We weren't able to physically pay this but we mandated the Deposit scheme to pay her the amount from the £1000 deposit. This instruction was obeyed and she did receive the £500 although by early April

c) Property is given back in accordance with the terms & conditions of tenancy agreement.

The property was given back to the best of our ability but the agents observed some repair issues. We were able to accept some of the repair issues and paid £240 but we vehemently disagreed with some.

In my statement I have given a chronological state of events but I want to be sure I stand a good chance in front of the judge.

Please what are the key legal details I need to include in my case to proof that we DID honor the surrender of terms conditions:???:?

[honeybee13]

Hello there.

 

Could you have a read of this stikky and provide the information requested please? It will help the guys to advise you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-April-2014**%281-Viewing%29-nbsp

 

HB

[KennyOye]

In response to your thumbnails:

 

Name of the Claimant : ** EDIT **

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue: May 14 2014. The Judge has set out directions, under fast track, for hearing which is fixed for September and I have up until 14th August to send my Witness Statement to court

 

What is the claim for – the reason they have issued the claim? I'm claiming for 2 months of rent outstanding as the tenants have failed to fulfill their financial obligation with regards to rent payment up to 15th June which is expiry of the signed 6 months fixed term tenancy agreement. The tenants have also failed to honor the surrender in terms agreement which has been drawn up in order to waive the last 6 weeks of rent. Unfortunately, they have failed to oblige with the terms and conditions stated in the surrender of terms agreement. The Claimant claims interest under section 69 of the County Courts Act 1964 at the rate of 8% a year from 15/03/2014 to 14/05/2014 on 1990 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.44.

 

What is the value of the claim? £2095

 

Is the claim for a current or credit/loan account or mobile phone account? Landlord/tenant rent payment

 

When did you enter into the original agreement before or after 2007? after 2007

 

Please use these further information to answer my question in the earlier post. "Please what are the key legal details I need to include in my case to proof that we DID honor the surrender of terms conditions?"

 

Thanks

Edited August 9, 2014 by citizenB
Removed name

[honeybee13]

Thank you for the extra information, I expect the forum guys will be along later with advice for you.

 

HB

[KennyOye]

Thanks HB

[steampowered]

What exactly, the landlord is actually claiming here? The 6 weeks rent?

 

 

Does the surrender agreement say you are liable for the outstanding rent if the agreement is not complied with?

 

 

I don't think there is any real legal magic to a witness statement in a case like this.

[KennyOye]

What exactly, the landlord is actually claiming here? The 6 weeks rent?

 

 

Does the surrender agreement say you are liable for the outstanding rent if the agreement is not complied with?

 

 

I don't think there is any real legal magic to a witness statement in a case like this.

 

Hi Steampowered,

The landlord is claiming 2 months worth of rent. The terms of the surrender states that, "if any of the terms are not met the landlord, will without further notice, exercise her right to enforce the full contractual term via the small claims court".

The point I'm making, in my witness statement, is that ALL the conditions were met and I'm seeking clarifications on the third condition in that how can the landlady proof we didn't honour the third condition.

Moreover, if the conditions weren't honoured but the landlord DID receive the sum of £1240, which was indeed what the first two conditions in the terms required, does that NOT defeat her case?

Thanks