Landlords in breach of Gas Safe Regs but still taken to court for rent arrears***Claim Discontinued***

[SEAHORSES]

Hello,

The landlords had started court proceedings for rent arrears, £3,500 although they have submitted incorrect amount to court

 

 

I put in a defence providing as much info as I could & telling the court I was getting further legal advice.

 

 

In the meantime I've sought legal advice from Which Legal who confirm that the landlords were in breach of Gas Safe Regs.

 

I've then spoken to Gas Safe Register,

I luckily got to speak to an Incident Investigator who said I must definitely report the landlords to HSE.

 

 

We were in grave danger the entire time we lived at the property & the landlords failed to meet even the very basics of their legal obligations. The only reason there are rent arrears is because I became so ill I couldn't work for a year, still struggling now.

 

Not sure what to do about this claim for rent arrears

as I've been sent a Notice of Proposed Allocation to the Small Claims Track to be returned before 7th July.

 

 

Which Legal can;t help as it's already at court,

they told me to contact Shelter,

Shelter say thay can't help any further because it's already at court?!

 

Is there anything I can do?

Get it delayed in any way?

Should I update the court with the info that the landlords were in breach of Gas Safe Regs & further action is starting against them?

 

What do you think would be the best way forward?

Will I have to pay the arrears when the landlords were the cause of the arrears?

I'd really appreciate any help or advice.

Thank you reading my post

[dx100uk]

yes to mediation

1 wit you

the rest is obv

 

 

1 copy to court

one to the LL sols

 

 

dx

[BankFodder]

I think it would be helpful if you would post up your defence in PDF format please

[sgtbush]

Two wrongs do not make a right

[SEAHORSES]

Thank you for the replies.

 

I am the entirely innocent party & have been treated appallingly.

 

 

The landlords very nearly killed us, it is due the the landlords negligence that I became so ill. Once ill I couldn't work & keep up with the rent.

 

I have submitted the defence,

I've just sent all the paperwork I had,

pages & pages & listed all of the things the landlords failed to do.

 

 

I also said that I was in the process of getting legal advice, as new extremely serious things have come to light recently.

 

I was hoping I could get this at least delayed while the Health & Safety Executive investigate the landlord?

 

Thanks again for the help.

[SEAHORSES]

yes to mediation

1 wit you

the rest is obv

 

 

1 copy to court

one to the LL sols

 

 

dx

 

I'm ever so sorry I don't understand your reply.

I was hoping I could get this claim delayed whilst the Health & Safety Executive investigate the landlord. But it looks like this will all still go ahead.

Thank you

 

I think it would be helpful if you would post up your defence in PDF format please

 

I don't think I can do this as I sent 60 pages & documents, relating to everything the landlord failed to do over the time at the property They didn't maintain the gas boiler or gas hob or electrics. Thank you for your help

[Ganymede]

Thank you for the replies.

 

I am the entirely innocent party & have been treated appallingly.

 

 

The landlords very nearly killed us, it is due the the landlords negligence that I became so ill. Once ill I couldn't work & keep up with the rent.

 

I have submitted the defence,

I've just sent all the paperwork I had,

pages & pages & listed all of the things the landlords failed to do.

 

 

I also said that I was in the process of getting legal advice, as new extremely serious things have come to light recently.

 

I was hoping I could get this at least delayed while the Health & Safety Executive investigate the landlord?

 

Thanks again for the help.

 

 

Have you got any proof of the link between your illness and the breach of gas safety regs?

 

Has anything been medically verified?

[SEAHORSES]

Hello Ganymede

Thanks for your reply.

Yes to both of your questions,

 

 

The landlords did fail to meet the legal obligations, not just for gas but electrics also,

however it was the gas negligence where they are in breach of gas safety regs & much more has come to light recently.

I don't mean to be vague but there are too many details to list.

 

I should imagine if I'd been able to get legal confirmation earlier.

the claim for rent arrears wouldn't be happening.

 

Everything has been documented & recorded.

 

What do you think the judge is likely to do re the rent arrears?

I'd hoped it could be put on hold while they are investigated by Health & Safety Executive.

Thanks for your time

[AndyOrch]

Completing and submitting the DQ only allocates the claim to track and transfers the claim to your local county court.This process could take a further 1/2 months before the next stage..which would be the Notice of Allocation with directions and dates and trial date...so you still have a little breathing space to gather evidence.

 

If you require longer you could agree with the claimant to stay the claim for say 3 months and put your application to do so.

 

Regards

 

Andy

[SEAHORSES]

Hello Andy,

Thanks for your reply.

all is not lost from what you're saying.

 

 

I don't think there will be enough time for me to find a solicitor & Health & Safety Exec do their investigation before this claim for rent arrears goes to court,

 

 

I have all the evidence I can get,

it's a case of giving it all to HSE. And I'm sure they'll find even more.

 

I sent in the DQ today,

not sure if I've done it right,

I rang the clerk & they said I could send in an update.

 

 

I've attached a letter & the email I received from Which Legal, saying landlord is in breach of regs.

 

I'm unclear if the judge will give me more time under the circumstances or if I have to apply for more time? How do I apply for more time?

 

I really can't afford to get a CCJ, so I appreciate any advice to how I should proceed.

Thanks again

[AndyOrch]

Agree a stay with the claimant...say 3 months and then submit an N244 with fee (£100) See Legal Library....requesting a stay to try to mediate and or gather further evidence.Simply state you require this period to complete reports and present your evidence.

[SEAHORSES]

Thank you.

 

I wasn't sure if I should just wait for the judge to decide or actually do something before it reaches that point.

 

thank you for explaining that.

 

sorry i've more questions

Should I ask the claimant for a stay now, even though I only sent the DQ yesterday?

I ticked the mediation box on the DQ,

should I wait for mediation

or ask for the stay before mediation.

 

Do the claimants have to agree to a stay before I submit the N244

And should I submit the N244 now, or wait to hear back from the court first?

 

I've checked the N244 form,

I don't know how to answer questions 4, 5, 6, 7 & 8, is that something you can help me with please

 

Thanks again for your help

[AndyOrch]

Ideally you could have requested it on the DQ pre allocation without a fee.... Stays may also be ordered following a consent order or Tomlin Order (Rule 40.6(3)(b)(ii) of the CPR), where this would further the overriding objective (Rule 3.1(2)(f)) and where Rule 15.11 applies.

 

A stay can be sought at various stages in the proceedings and can generally be ordered following an application by the parties or by the court acting on its own initiative.

 

It is usual and preferable that both parties agree before requesting.

 

See....

 

PRACTICE DIRECTION 23A – APPLICATIONS - Civil Procedure Rules

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a

[SEAHORSES]

Have to say this morning I felt very out of my depth!

 

However, I've received a letter from the claimant's solicitor....

Claimant's Notice of Discontinuance!!!

 

They wish to point out that they don't accept any liability for any allegations raised in my defence.

 

The claim is being discontinued due to the client not being able to afford to continue with the case.

 

I know that's not true, they are wealthy people.

 

Would love to hear what you think?!

[dx100uk]

Well they shouldnt try and fleece their clients then..

Prob a NWNF outfit

[AndyOrch]

Probably found your thread here on CAG and saw you was getting advice

 

Thread title amended to reflect the outcome.

 

Well done SEAHORSES.

 

Regards

 

Andy

[SEAHORSES]

I've been worrying about this since January.

 

These people are so arrogant, private solicitor on insurance, not NWNF.

 

So pleased they are finally going to be made accountable for what they've done.

Best News!!

 

Thank you very much for all your help & advice.

 

Will make a donation

[Ganymede]

Well they shouldnt try and fleece their clients then..

Prob a NWNF outfit

 

Backwards logic that isn't it?