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Pending Court defence submission help needed

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Hopefully there is someone on site that can help with this.

Please see below first draft, is the below draft anyway near enough?.  I would be grateful  to receive constructive comments and/or suggestions on amendments as I am not sure that I have drafted this right and/or included enough information.  Also any links on this type of defence drafting would be appreciated.


The defence is in connection to a claim for major works.  I am a leaseholder.  I hope that the details include in the below draft defence explains the situation.

I would also like some pointers on counting claiming.   i.e. Do I need to counterclaim by the time my defence is submitted? can I include counter claim as part of my defence in connection with tort interference?


I have approached a solicitor but  them having had my documents for 3 weeks they still haven't got back to me to let me know if they can help.  I appreciate that they are a busy company, but it's nearly time for my defence to be submitted and i do not want to wait until the last minute before having to seek alternative help.


If I can submit a defence of some sort myself, it may give the solicitors the extra time they need to get back to me about my case(?)  The fact that it's summer holiday time im sure hasn't helped?

Grateful Thanks

1.    I, ............,the Defendant,  is a leaseholder in a building containing .... flats ,at............ and which is now a Tripartite Lease.

2.    Save as specifically admitted in this defence, the defendant denies each and every allegation set out in this particular of claim.

3.    the defendant, received the claim form, Claim No: ................. from the.................... on ...........2019.

4.    the defendant denies that monies are owed to the Claimant as alleged in the Particulars of Claim

5.    The Claimant states in the Particulars of Claim that their claim is based upon the defendants failure to pay ground rent

6.    The defendant denies that they have breached the covenant referred to in paragraph (a) of the particulars of claim in that monies are owed in ground rent. On the .....19 an invoice was sent to the defendant by the claimant for ground rent/maintenance/insurance and misc etc. this document does not state that any ground rent are owed or in arrears.

7.    The defendant is unable to admit or deny  the claim of  breach the covenant referred to in paragraph (b) of the particulate of claim as The Claimant has failed to provide adequate information in response to the changes in the variation of the section 20 schedule of works.

8.    Under section 19(1)(a) and section 19 (1) (b)The Claimant has failed to provide details of how the service charge has been varied to enable me to properly assess my position with regards to the determination of the reasonableness of and liability of this claim.

9.    At the date of filing this Defence the Claimant has 'signed off 'on works never undertaken but specified as part of the section 20 schedule of works, and billed for.

10.    Section 19 of the Landlord and Tenant Act 1985 states that a service charge is only payable in so far Section 19 of the Landlord and Tenant Act 1985, which states that a Service Charge is only payable to the extent that the works or services are carried out to a ‘reasonable standard’ and in so far as reasonably incurred and represents value for money.

11.    Further section 19 of the landlord and tenant act  states that if a leaseholder can provide sufficient evidence to suggest that costs were not incurred, but formed part of a service charge demand, then the burden of proof lies with the claimant to provide evidence that these costs were actually incurred.

 12.    Having varied the schedule of works bill by at least 10% in breach of  section ……(?) the claimant did not have good reasons for the decisions they made in including any such cost on the basis that these costs have not been incurred as the works were not carried out, and/or carried out all works to a reasonable standard or reasonably incurred and or that in order for works to be classed as a ‘repair’ they must be a response to ‘disrepair’.

13.     On the ........2019,  the defendant made the Claimant aware in writing and provided photographic evidence of poor workmanship/work not completed/damage to my sole demise area to date not all of my concerns and queries have been responded to

14.     From the 1st October 2014 all professional property managers are equired to join one of the three Government approved statuary Redress Schemes:

despite repeated request the Claimant has failed to provide information on their complaints procedure and information on which redress scheme they have been obliged to register with.

15.   Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.   further if a Lease allows for a type of cost to recharged, that does not automatically mean that the amount which is charged is reasonable.

16.  the defendant requests the court orders the Claimants to provide the necessary documentation/evidence in response to my original queries in order for me to fully plead my case else the Claim should stand struck out.

I7.  In the event that the relevant documents/evidence are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.

18.   It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe the facts stated in this defence are true.

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Hi...is the above connected to the following ?



Impossible to comment on the above without sight of the claimants particulars.....rather like you asking whats the answer to my question without telling us the question.



We could do with some help from you.



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Hi Andy


yes it is.


the way i have laid out my defence up to point 7 is in response to the claimants POC.


for obvious reasons i would prefer not to publish the POC. but can give an outline below and hopefully this will help


1 who claimant is

2 details of the lease originator and remaining terms

3 lease covenants and clauses (accepted by me as correct)

4 covenant breach and amount claimed (not accepted by me and challenge as incorrect/unreasonable as stated reasons in my points 7-13) 

5 legal costs claimed (i have found and will add section 20(c) to defence)

6 interest claimed


its a relatively short document.  Does this additional information help any?





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" the way i have laid out my defence up to point 7 is in response to the claimants POC. "


Then the above defence is far too long and in depth ..you only respond to the claimants points plead...not add to it.......that comes later in your witness statement should they wish to proceed.


As for the contents of 1 -7 ...again it impossible to advise if you have responded adequately without actually seeing the claimants written points...I may interpret it completely different to the way you have...and adopt a more legal robust response to deny their pleadings.


So without the actual particulars verbatim this is all a stab in the dark.....and we are not in a position to to give credible appraisal of your intended defence.




We could do with some help from you.



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


If you want advice on your thread please PM me a link to your thread

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Hi Andy


I really do appreciate your time.


from 8 onwards the claimant has not included anything in their POC about the major works. So i take your point about there being too much information as there is nothing to answer to at this point.


The claimants POC sticks to the numerical amount outstanding and alleged breach nothing else.


i have put the additional points in to show the judge that the case should be referred to FTT on grounds of unreasonable service charges, and not heard at the county court.


If i do not give the judge reasonable grounds to consider transferring the case (by providing additional information) the judge may assume it is an ordinary money judgement case to be heard by him/her(?), which i want to avoid at all costs.


In any event i will review the draft and try to be more succinct about what i am asking the court to consider doing.


Grateful thanks

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