Couldn't live in property but Landlord taking me to court 2 years later help needed!

[Curtainsplitter]

The landlord shouldn't be able to claim anything from the period when she started renting the property to someone else. That would be accepting a surrender of the lease. In your request I would ask the date on which the property was first rented to someone else, if you don't know that already.

 

 

The POC is what the landlord serves. The defence is what you serve - it is a defence to the claim.

 

Yes, you should serve an acknowledgement to get you a bit more time to defend. Whatever else you do, you must not miss the court deadlines or you'll end up with a default CCJ against you.

 

Okay steam am going to file the acknowledgment and put up a scan up Tuesday as I explained I don't own a pc and phone right now so am having to use a 30 pound tablet to write on here.

 

In terms of the property I should explain this a bit more . Basically the tenancy was for myself and my friend to have the 2 bed flat. My friend kept to the contract and paid for the full tennacy and left with no issue , I did not Move in as explained I notified them of the frustration of contract 2 and a half months before the move in date .The landlord in 2014 got two more tenants when our contract ended In June 2014 and the property Is now continuing that tenacy

[Curtainsplitter]

Also you asked me who they are suing. Well they've written to my mother the guarantors address which is not my residence and they've sued me ? I don't know if that matters? And as stated my name is spelt wrong by 1 letter on the documents

[citizenB]

Also you asked me who they are suing. Well they've written to my mother the guarantors address which is not my residence and they've sued me ? I don't know if that matters? And as stated my name is spelt wrong by 1 letter on the documents

 

 

I don't think it matters that they have spelt your name wrong by 1 letter - aside from which it is easily amended.

 

I suspect if they are not able to get any monies from you, they will then try and sue the guarantor.

[steampowered]

Fair enough. It sounds like this landlord is a bit of a shambles.

 

It is a bit strange that he is suing just you and writing to your mother, and that he spelt your name wrong. Anyway as long as you are receiving court documents I don't think it matters. I would defend the claim as suggested (also mentioning that a surrender of the tenancy was accepted, at least when the new tenants moved in).

[Curtainsplitter]

Fair enough. It sounds like this landlord is a bit of a shambles.

 

It is a bit strange that he is suing just you and writing to your mother, and that he spelt your name wrong. Anyway as long as you are receiving court documents I don't think it matters. I would defend the claim as suggested (also mentioning that a surrender of the tenancy was accepted, at least when the new tenants moved in).

 

It's actually a woman landlord although she says it's her and husbands property and she lives 100s of miles away.

I am going to scan in the documents tommorrow due to the fact as prior explained I do not own a pc or mobile phone right now and unfortunately cannot afford another and to reply here on cag I am using a 30 pound gift tablet my brother got me. I am going to go to the library tommorrow and scan in the docs with blanked out info on personal info of what docs I do have etc. I'll post up a draft of cpr you have me too as well steam for you to look at so that we prior adviced I can make sure I am not being verbose and am asking the right questions. It says on the court paperwork I can file an acknowledgement online is it a simple tick of a box and I can do the defence after? I just wondered we I've never been in this position before but was going to acknowledge to defend tommorrow.

[Curtainsplitter]

Sorry for terrible spelling this tablet is awful ! I'll update thread tommorrow! Thanks for the help steam and everyone I feel slightly better about this all now as its been quite depressing for me all of this !

[steampowered]

Hi - yes, file the acknowledgement as soon as you can and click the box which says you intend to defend all of the claim

[Curtainsplitter]

Okay think I've done it on my tablet. It had something about do I want to intend jurisdiction I assumed I didn't need to tick that. So I've chosen defend whole claim.

Thank you. You have successfully submitted your Acknowledgment of Service (AOS) form to the court.

Acknowledgment of Service Submitted

Claim Number Deleted under data confidentiality act Response type Acknowledgment of Service Claimant name Mrs Landlord Defendant name : deleted Submission date & time 25/05/2015 17:40:01

[Curtainsplitter]

Think I've done it as it said that above. Is that right?

[renegadeimp]

yep. You are now on the countdown to file your defence. make sure its good and file at the last minute, or close to it.

[Curtainsplitter]

Oh ok.i will do then. So I have 14 days from now? Why do you do it last minute ?

[renegadeimp]

You do it last minute to give yourself as much time as possible to prepare your defence, and to give them the least time possible.

[Curtainsplitter]

Okay I see! I'll keep that in mind then

[citizenB]

The claim should be moved to your local court if the claimant indicates they wish to continue (after you have submitted your defence) .

[Honorsmum]

You do it last minute to give yourself as much time as possible to prepare your defence, and to give them the least time possible.

 

 

 

Presumably, you need to be very sure of your timeline to do that, otherwise you risk missing the deadline for defence submission?

 

Our defendant doesn't appear to have submitted his, and the deadline is tomorrow. Bit of a risky strategy?

[Curtainsplitter]

Presumably, you need to be very sure of your timeline to do that, otherwise you risk missing the deadline for defence submission?

 

Our defendant doesn't appear to have submitted his, and the deadline is tomorrow. Bit of a risky strategy?

 

My deadline is tommorrow? The claim was only issued 19th may? It's 25th day? I thought you got 14 days?

[honeybee13]

My deadline is tommorrow? The claim was only issued 19th may? It's 25th day? I thought you got 14 days?

 

You do. I think Honorsmum is talking about their own deadline.

 

HB

[renegadeimp]

Just a fyi taken from another thread.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - *

 

*^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

[Honorsmum]

My deadline is tommorrow? The claim was only issued 19th may? It's 25th day? I thought you got 14 days?

 

Don't panic - I was talking about our case deadline!

The point I was making is that you need to be very certain of your own timeline if you're thinking about submitting your defence at the last minute; there seems to be a lot of confusion when it comes to counting days, and it would be awful for you to have a judgement e against you because you missed the deadline.

[Honorsmum]

Just a fyi taken from another thread.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - *

 

*^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

 

I'm confused about the date of the claim being day 1.

Our notice of issue says:

"Your claim was issued on the 23rd April.

The court sent it to the defendant by first class post on the 23rd April and it will be deemed to be served on the 28th April.

The defendant has until the 12th May to reply.

 

So, that makes 20 days, not 19 - which suggests day 1 is the day after the claim is issued.

Not wishing to hijack Curtainsplitter' s thread, but trying to clarify for for both our sakes.

[Curtainsplitter]

Oh right okay thanks honorsmum for clarifiying

[Curtainsplitter]

[ATTACH=CONFIG]57746[/ATTACH][ATTACH=CONFIG]57747[/ATTACH]

[Curtainsplitter]

Steam heres an update of the docs for you. I am scanning the original tenancy now too. Cheers

[Curtainsplitter]

I checked my sources and past paperwork and i dropped this letter by hand on June 10th 2013 the tenancy was set to start Sept 1st 2013-june 2014 and recieved no response in June, therefore I telephoned in July and was told I would get a response back as the relevant estate agent was off, I therefore contacted again in August entitled the email important and only recieved a response from the estate agent at the end of August stating they would advertise the house and try and find me a replacement.

This is a copy of the June letter and email sent

Dear Sir/Madam

Tenancy for XXXX

 

I am writing to inform you that I am unable to continue with my part of the tenancy for the above property. This is as the property is a student property and I would be in breach of the Tenancy Agreement should I enter into the agreement on 1st September 2013. This is as the university has terminated my course place due to a lack of sign up for my course and thus I am no longer a student there and they have allowed me the right to withdraw/transfer.

I am sorry for the inconvenience this has caused but you still have some time to find another student. I have informed OTHER HOUSEMATE/CO-TENANT of the situation.

 

Yours Sincerely

 

XXXX

[Curtainsplitter]

Tenancy docs [ATTACH=CONFIG]57748[/ATTACH][ATTACH=CONFIG]57749[/ATTACH][ATTACH=CONFIG]57750[/ATTACH]