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My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible.

 

I know the following:

 

1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on.

2. The name on the claim form for the landlord is the wrong surname

3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done.

4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May.

5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank.

 

What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts?

 

Shall post in 2 seconds.. uploading now

 

here are the claim form pages

 

Will make into a PDF. two secs

 

Ok attached

attachment.pdf

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Thread moved to the appropriate forum.

 

Regards

 

Andy

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Please post a copy here before submitting.

 

Andy

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Hi is it possible to upload the claim form (particulars) ? Less any identifiable data...also if you intend to counterclaim (Part 20) this is normally submitted at the same time as your defence...(otherwise you would need permission if you consider it after)

 

Andy

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There are no particulars of the claim form other than, date of moving in, and that a notice was served. It is a Section 21(b) that was served on the 13th of March 2016. The end of the fixed term is 30th June on the tenancy. The date it gave on the Section 21 was 18th of May. In Section 21 of the Housing Act it states that eviction cannot occur before the end of the fixed term which ends on 30th June in the Assured Shorthold Tenancy.

 

I have a landlord who has commited multiple breaches of the Housing Act and contract set out as per the tenancy agreement in failure to maintain the property to the standards set out by the Housing Health and Safety Rating System. The breaches of this are listed in the CMB Inventory that was given to me upon moving in 2012 so none of the issues are new and all pre-existing prior to moving in.

 

First property I had ever lived in and was unaware of all my rights prior to this or in the short time after moving in. I now know.

 

There is no Part 20 on any form that I have for defense nor for the claim form for accelerated possession of a dwelling.

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Just a couple of things...

Are you aware that there is no defense against a valid section 21?

 

And if you have been there for 4 years, and only signed the original tenancy agreement when you moved in... The fixed term ended 3 years ago, and you are now on SPT where the LL only has to offer you 2 months to move out.

 

Your only (temprorary) stalling tactic is if the section 21 is not valid for any reason.... and then it only stalls it by the amount of time it takes the Ll to re-issue said section 21 and give you another 2 months. If you decide to move out, you must still give the LL 1 months notice even after the section 21.

 

However any stalling tactics will only delay the inevitable... which is... you will have to move out..

 

I cannot advise about counter claiming as I have no experience of this...

 

Sorry if that is not what you wish to hear...

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Just a couple of things...

Are you aware that there is no defense against a valid section 21?

 

And if you have been there for 4 years, and only signed the original tenancy agreement when you moved in... The fixed term ended 3 years ago, and you are now on SPT where the LL only has to offer you 2 months to move out.

 

Your only (temprorary) stalling tactic is if the section 21 is not valid for any reason.... and then it only stalls it by the amount of time it takes the Ll to re-issue said section 21 and give you another 2 months. If you decide to move out, you must still give the LL 1 months notice even after the section 21.

 

However any stalling tactics will only delay the inevitable... which is... you will have to move out..

 

I cannot advise about counter claiming as I have no experience of this...

 

Sorry if that is not what you wish to hear...

 

What about these?:

 

https://www.croydon.gov.uk/housing/privatehousing/croydon-private-rented-property-licence/information-for-tenants

 

"As a tenant you will receive better protection from eviction as a Section 21 Notice is invalid if a property is not licensed."

 

http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

 

"If your landlord breaks tenancy deposit rules

In many cases, a section 21 notice won't be valid if you paid a tenancy deposit to your landlord or their letting agent and any of these apply:

 

it wasn't protected in a government approved tenancy deposit scheme

the deposit was only protected more than 30 days after you paid it

your landlord hasn't given you required information about the tenancy deposit scheme used"

 

https://www.gov.uk/guidance/gaining-possession-of-a-privately-rented-property-let-on-an-assured-shorthold-tenancy

 

"You cannot use Section 21 to gain possession of your property during the fixed term. You can serve a Section 21 notice on your tenant during that time, providing the date you state you require possession is not before the end of the fixed term."

 

I signed a new agreement annually... my fixed term ends 30th June 2016

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What I stated still stands. LL can issue the section 21 any time he likes, it does not however come into effect until the end of the fixed term.

 

You should look into how valid the section 21 is, but all it will do, is delay the date you have to move out.

  • Haha 1

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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I have sent a very interesting without prejudice offer to the LL.

 

It's not the nicest of two options but i have a hands down counter claim to win as I can state multiple breaches of contract that all violate sections of housing act and landlord and tenant act.

 

Issues were prevalent and existing prior to my moving in and i was allowed to move into the property despite it being hazardous.

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I have sent a very interesting without prejudice offer to the LL.

 

It's not the nicest of two options but i have a hands down counter claim to win as I can state multiple breaches of contract that all violate sections of housing act and landlord and tenant act.

 

Issues were prevalent and existing prior to my moving in and i was allowed to move into the property despite it being hazardous.

 

I must agree with the TCC.....I don't think that will stop possession ......that should have be dealt with pre tenancy.

 

Andy

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Can anyone comment on a landlords necessity to be licensed or section 21s being invalid?

 

It is quite new.

 

Think it may be in your best interest taking s21 and All your paper work nearest CAB or Shelter and getting there opinion.

 

Sorry to sound blunt, but you should start Know looking for somewhere else to live, as the LL will win in the end.

 

Good Luck ....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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  • 1 month later...

4 years of disrepair that was finally repaired after council involvement.

I need to claim for damages over those 4 years and illness and rent abatement due to the property that should not have been let due to cat 1 and 2 hazards and mould. Notice given to LL at the very start and always ignored....

 

Also... court action was taken for posession before the end of the fixed term.

Also.... landlord did not have a valid licence prioer to issuing section 21 which renders notice invalid via council.

Also.... Technicality.... different names and addresses used in tenancy agreement, court papers.... different surname

 

I am very confident I can have the case thrown out due to the invalidity of it but can one do this or is it only against a section 8 notice that one can claim against rent arrears and damages etc?

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Thank you very much for your response. The only section in the original post I wish to be addressed is the first part:

 

Can i Counterclaim for damages and delay eviction in Section 21 Hearing?

 

I know there are Pre-Action Protocol for Possession Claims by Social Landlords in court...

 

What is applicable in the case of posession claims from private landlords?

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We could do with some help from you.

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These are pre action protocols for claims under Possession Claims based on Mortgage or Home Purchase Plan Arrears in Respect of Residential Property. I do not have a mortgage and the above link would be incorrect for the question posed.

 

My question relates to Section 21 posession claims and counterclaims....

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I know there are Pre-Action Protocol for Possession Claims by Social Landlords in court...

 

What is applicable in the case of posession claims from private landlords?

 

Cant find anything specific to private Landlords so I would assume the standard CPR PAP would apply....

 

If a dispute proceeds to litigation, the court will expect the parties to have

complied with a relevant pre-action protocol or this Practice Direction. The

court will take into account non-compliance when giving directions for the

management of proceedings (see CPR 3.1(4) to (6)) and when making orders

for costs (see CPR 44.3(5)(a)). The court will consider whether all parties

have complied in substance with the terms of the relevant pre-action protocol

or this Practice Direction and is not likely to be concerned with minor or

technical infringements, especially when the matter is urgent (for example an

application for an injunction).

 

 

http://www.justice.gov.uk/courts/procedure-rules/civil/pdf/preview/pre-action-protocol-amendments-6-april.pdf

We could do with some help from you.

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Thanks a lot Andy.

 

My main concern or question,. i guess, is can i submit my counterlclaim for disrepair and damages at a hearing for a claim for posession (as per normal rent arrears etc...)?

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several threads merged

and posts tidied

attachment reduced from 31Mb to .3Mb

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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