Sued for storage costs by ex landlord - PLEASE HELP

[JeffW75]

Last October, my then landlord compelled me to leave this property by threatening to ‘make your life hell’ if I stayed, as he was unhappy about me threatening to pay my final rent with part of my unregistered deposit.

 

I loaded up my car with some of my belongings, gave the landlord back his key (as he'd threatened to change the locks), and agreed with my landlord that I’d arrange with him to return to collect my remaining belongings.

 

My negotiations to retrieve my belongings didn’t run smoothly:

 

- He repeatedly insulted me during the exchanges.

 

- He was restrictive in terms of when I could attend to collect my stuff.

 

- He imposed deadlines of when the items needed to be collected by, even though I'd told him that my work shifts meant I couldn’t attend at the times and dates he specified.

 

- He told me that he’d only allow me to attend if I accepted a ridiculously low out of court settlement for the money he owed me for my deposit and unspent rent (but later relented).

 

He and I finally agreed on a time and a date for me to collect my belongings, a couple of weeks after the eviction. He cancelled at the last minute, due to having lost his keys to the flat, without so much as apologizing.

 

This was the final straw, particularly as I’d booked a day off work to attend. I told him that I’d be forfeiting my belongings. In response, he asked me never to contact him again.

 

I’ve recently launched legal action against him, suing him for my deposit, my unspent rent and the distress and inconvenience his illegal eviction has caused.

 

In response, he’s counter-suing me for £11 a day for storage costs, for between when I left and the date of the hearing! Does he have a case?

 

Thanks,

 

Jeff

[king12345]

No!

You'll win hands down.

Just keep all your evidence neatly in chronological order so the judge will understand the situation clearly.

Text messages, emails and recorded calls will all form the bundle of evidence.

You recorded the calls, right?

[JeffW75]

Thanks King12345.

 

The communication re. collecting my stuff was via email, and the guy didn't know that you could write 'without prejudice' on emails to prevent them being used against you.

 

BTW, he's claiming in his defence that I left voluntarily, which could leave him open to perjury charges as it's a blatant lie (and there's masses of circumstantial evidence to back that up - for example, why would I leave a property when I had no-where to go to, especially when I had work the next day?). I'll be raising a separate thread about that.

 

Jeff

Edited June 12, 2016 by JeffW75

[ericsbrother]

no perjury in cilvil court as you dont swear an oath. You write a statement of truth but that wont win him any prizes if you can show that your version of events has some substance and the failure to protect the deposit will be a good one to use. The judge will then think the LL an unreliable witness and you win hands down.

[45002]

no perjury in cilvil court as you dont swear an oath. You write a statement of truth but that wont win him any prizes if you can show that your version of events has some substance and the failure to protect the deposit will be a good one to use. The judge will then think the LL an unreliable witness and you win hands down.

 

Could you please explain how perjury does not apply in civil law thanks ...

[mariner51]

I am not sure the outcome is as clear as king1234 suggests:

 

 

1 You do appear to have left voluntarily & poss without due NTQ. Returning keys only constitutes 'offer to surrender T'.

Had LL served valid s21 prior?

2 LL is entitled to charge for safe storage of T remaining contents from date of departure.

3 Your email suggested you relinquished title to your contents when you were unable to collect them by arrangement. How long after vacating was this?

4 If you know deposit was not duly protected, then sue LL for non-protection.

5 Ts do leave voluntarily, without any new property avail. often 'sofa surfing' with friends. Have you any record of LLs alleged verbal threats?

[ericsbrother]

perjury, the criminal offence of deliberately telling untruths or misrepresenations under oath.

No oath and you cant commit the offence. You can get into trouble for contempt of court but usually your evidence is just dismissed as unreliable. Some tribunals have a swearing in before giving evidence so perjury possible there.

[honeybee13]

Hello Jeff.

 

Is this thread in General Legal also you? You seem to have two IDs.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465728-Small-claims-perjury-question

 

HB