Guarantor and possible court action...help needed.

[raydetinu]

simple, just respond by saying you do not agree to any of it!

then see if he starts a court action, which you can defend, and let a judge decide whats fair.

contact shelter or look through their website for info.

[Dotty50]

DEMAND a copy of your signed agreement before discussing anything further with him, if he can't provide it, if I were in your position I would let him take it to court.

 

He would have to prove his claim to the judge and if he can't produce the agreement then how can he prove his claim?

 

Was an inspection done when your daughter moved in?

[Dotty50]

http://www.adviceguide.org.uk/england/housing_e/housing_renting_a_home_e/renting_from_a_private_landlord.htm

 

http://england.shelter.org.uk/get_advice/private_renting

 

These may be of some help

[Belaflat]

Still very quiet.

I messaged him refusing to pay and asking for him to allow two local Councillors access to the property prior to a meeting with Council Officers later.

Needless to say he has not responded.

 

Also posted on Facebook requesting anyone with dealings to get in touch.

Very good response and lots of horror stories to add ammunition.

More Councillors getting involved and the prospective MP for the town has also taken it up for one of the group.

 

Not out of the woods but the noose around his neck is tightening slowly I hope.

[Belaflat]

Update.....

LL has replied asking me to arrange a date and time to discuss the matter and attempt to find a resolution.

Fairly positive as I believe he would have gone straight for the jugular if he thought he could win outright.

 

I have sent a reply to him, reiterating my stance and declining a meeting, preferring all contact to remain written for the avoidance of doubt.

 

As I know more I will update.

Thanks

BF

[letsmakeamark]

The written contact is the best thing. To much harassment on the phone and records cant be kept.

[Dotty50]

Yes 'in writing' only!

 

IF you did at any time meet the LL, make sure you have a witness!

[letsmakeamark]

Use email. For written contact.

[mariner51]

Strangely, I disagree in part. Refusal of T to meet with LL may be seen as unwillingness to negotiate. Any meeting, T should remain calm / non-confrontational and just set out his expectations for resolution. The meeting could be recorded. with other Party consent, or covertly, on mobile phone, as an aide memoire for T's subs email to LL, to summarise T's recollection/of what was discussed/agreed at meeting.

[Belaflat]

Another ex tenant I am in contact with is at the Court stage with him.

His Solicitor advised him to never speak with him personally or on the phone as he has a reputation for agreeing something then denying it and going to Court anyway.

He has already denied that we told him 3 times the heating was not working....why..???................because we did not do it in writing.

That's one reason I am unwilling to speak on a one to one basis, the other is that all my correspondence is being shared with my local Councillor who is assisting me so he also has an up to date record of what is happening.

I will negotiate via e mail as we then have a record of any agreements made.

[raydetinu]

agree, not worth the hassle of a meeting, unless just to clear up some minor points.

You are so far apart that any meeting will not help.

Keep it to emails. ( no phone calls at all)

Just respond to his, be reactive only, let him make the running.

[letsmakeamark]

From experience i was recently at a tenant and landlord meeting and this was a arranged meeting where the landlord just denied being told about things that need doing and also that problems have been made worse by the tenant themselves. This started off very politely but the landlord resorted to shouting and threatning the tenant with eviction. Then when council has become involved the landlord is denying any sort of meeting has taken place and that this is the frst time he has been told of these problems.

Edited April 7, 2015 by letsmakeamark
spelling

[raydetinu]

thats why you should put everything in writing, emails etc. so you have a record.

[Belaflat]

From experience i was recently at a tenant and landlord meeting and this was a arranged meeting where the landlord just denied being told about things that need doing and also that problems have been made worse by the tenant themselves. This started off very politely but the landlord resorted to shouting and threatning the tenant with eviction. Then when council has become involved the landlord is denying any sort of meeting has taken place and that this is the frst time he has been told of these problems.

 

Sounds just like the one I'm dealing with.

[Belaflat]

Latest news.

Today I received the Court claim from the Landlord.

Issue Date 07.04.2015

Particulars of claim : Claim for damages and loss of rent while the property was under going repairs for which the defendant stood as guarantor.

 

That's exactly as typed on the claim form. Nothing else.

 

Also he has reduced the amount from£2744.71 to £2462.75 plus court fee.

 

He has twice declined to let anyone inspect the repairs claimed as I believe he has not done as claimed.

He has not replied to my request for a copy of the contract signed by me together with terms and conditions applicable at the time of signing

I honestly believe he has either not done the work or had the receipts knocked up himself.....one of his claims was for 2 smoke alarms for which he charged £50 on the demand. I contacted the fire brigade who actually fitted them for US, free of charge as there were no working ones in the house.

The local fire safety officer has contacted me to confirm this together with the dates they were fitted so thats one part of his claim shot down.

 

I need some help now to defend this please....I will be seeking advice from a solicitor next week but I reckon the cost will outweigh the benefit.

[letsmakeamark]

You basically defend the claim and counter claim against the claimant. You do not really need to worry at the moment but will need to have all paperwork available 21 days b4 hearing to serve on all parties. You do not need a solicitor. As it is a small claim it will mainly be decided at a hearing. You will also need to fill a aq in once your defence has gone in where you detail what is going on. Also in the mean while keep correspondance going with the claimant.

[mariner51]

Were papers issued under SCC or full CC rules?

Once received, your only realistic chance of success is to challenge, pref at personal attended hearing. If SCC, then claimant. has no need to include Court fees as these are generally payable by loser, together with other limited legal costs

 

 

LL is under no obligation to repair, or provide invoices, only justify reasonable professional estimates for repair, allowing fpr FW&T.

Neither can youi require LL to provide you with copy of G agreement you signed, though Court may request LL copy if disputed.

According to earlier posts on this and related threads, you have sufficient detailed info to provide a concise. detailed rebuttal for most of the claim, but the fact remains you were prepared to remain Ts G until end of T.

[Belaflat]

Thanks mariner51.

 

Claim is issued by Northamptom via the County Court Business centre whatever that means.

Re being guarantor until tenancy ended....I wanted out but the small print said I remained after the AST was over.

Why can I not ask for Guarantor agreement since it is this he will be relying on. For all I know there may be illegal terms in there or unfair terms ( I know there are re his charges) If I stated I can recall signing some papers re identity but not an agreement then surely he would have to provide...silly I know but have seen this used quite often in nthe debt forums to obtain the required paperwork.

I also understand that under CPR I can request these documents and if he does not provide then the claim can be struck out.

[Belaflat]

Meant to say I also want statement of account to counter claim against his charges.....

[Dotty50]

A guarantor remains liable until all monies are settled.

 

I see no reason either, why you cannot expect to see a copy of the tenancy agreement that you guaranteed and your guarantee agreement, which you should have been given at the start of the tenancy.

 

I signed as guarantee for my son when he was at uni and were given copies of all paperwork which confirmed all the guarantors for the shared house.

[mariner51]

Northampto Court suggests MCOL.

You were provided with G agreement to sign, this should have included copy of AST and prob advising you to seek legal advice before signing.

If documents had to be returned, you had opportunity to make your own copies. You appear to have good recollection of G Agreement small print. As for statement of rent account, this should be included in claimant's claim package. T can request rent statement from LL, not so sure about G's rights, though common sense would suggest a reasonable LL has nothing to hide from G.

[Belaflat]

mariner51...thank you for your comments. I get the impression you are a landlord and somewhat unsympathetic.

 

 

Firstly, I did not get a copy of anything signed, the tenant did.

My recollection of the small print comes not from memory but the section he put on his letter which he states is from the agreement.

His claim is exactly as worded in my previous post with no breakdown as to how he reached these figures although they are lower than his original claim.

 

Have attached the section included in the demand letter.

[raydetinu]

You should of been given or kept a copy of all documents you signed at the time!

for G form to be valid it must include either a copy of the original AST and terms or refer to it. ( so this is an important document )

Claimant should include a signed copy this as part of his claim.

Also, as there is no benefit to the G, this not a normal contract and therefore some judges require this to be signed by a witness,( notarised ) and sometimes also under seal, to be valid!

unfortunately this does depend on the judge.

going to court is the only way to get this settled ( that's what they are for ); Judge will be fair as to what claims are valid and seem reasonable, subject to above.

[Belaflat]

Can anybody please help me out on how the defence should be worded and what I need to put to request info.

As stated,the claim is less than the original written demand and has no breakdown whatsoever so how do I counter all these points previously mentioned.

The call to the solicitor advised me on individual rejection per demand but since they differ from the actual claim I am now confused. I didnt see him in person, just a phone call and I fear I didnt get everything across clearly.

He also said the costs were not worth engaging full legal representation but did advise a counterclaim as the charges he has made to the account are illegal.

The papers were dated 7/04 and I have completed the AOS online so time is now counting down.

Any help as to how to word this and request the information please.

 

Thanks.

[steampowered]

We can help with a defence, but there are a few things to clarify first.

 

What do you mean by 'the charges he had made to the account are illlegal'? What charges? What did the solicitor suggest you counterclaim for?

 

Do you know what the solicitor meant by 'individual rejection per demand'?