Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage

[purplenora]

Hiya,

I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500.

There were disputes after leaving,  and the final months rent owing, which the landlord has since taken the bond which covers that.

He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up.

also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in.

He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time,

can anyone help advise how to argue that there was no letter before action please?

I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?

[AndyOrch]

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Topic moved to General Legal Issues Forum.

 

Andy

 

.

 

[purplenora]

Thank you so much!

 

do I put this as the first point in his evidence? And am I ok to use that word for word?

[AndyOrch]

Yes that's your first intro point. Take a look around at some examples of witness statements to form and layout. If you refer to a document within the statement you must mark that paragraph with " See exhibit number xx " after that paragraph/sentence, and attach all the documents to the statements.

Statement must be finalised with the current statement of truth.

[purplenora]

Thank you.

 

I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? 
 

also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?

[AndyOrch]

Sure no problem...although the content will be yours I can check its compliant with CPR. Lack of pre action protocol can have have  an adverse effect on the claimants costs (if awarded) with regards to costs should your friend lose the claim.

[dx100uk]

have you not got the landlords WS yet with photos showing the damage before and after your friends tenancy period?

if no claimants WS yet might be best to wait or it?, see what cards he has?  or you have and there is no photos then the claim ain't going no where......

he must produce evidence.

[purplenora]

He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in

[dx100uk]

THEN MAKE SURE you lay the fact of no pre photos on thick in your ws and that it was noticed when you moved in.

has the claimant included their pre agreement report on the place before he rented to your friend? if not point that out too.

where the proof the damage was not present upon rental start...

[dx100uk]

any news...

dx

 

[purplenora]

Sorry I didn’t think to come and update this. 
 

the outcome was that he went to court.

Apparently the judge told the landlord off for not sending a letter before action but did nothing about it.

He didn’t accept all the damages the landlord claimed, and told him off for accusing my friend of deliberately and maliciously damaging anything, and he awarded him small amounts of the damages he claimed for.

The landlord had also made an awful lot of things up that never existed and accused my friend of stealing them, and the judge didn’t accept any of those claims.

However, I’m back asking advice now.

he made an offer of payment via the court forms, sometime before Christmas straight after the hearing. The landlord didn’t reply, the court accepted the payments. My friend has been paying the £10 a month each month.

Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks, and a very irate letter from the landlord saying that my friend has consistently lied and that nothing he says should be believed, and that he wants the bailiffs to be called on him and that he absolutely refuses the payment plan.

The letter is marked as received by the courts in December and this is the first that’s been sent since then.

My friend and his wife are now panicked, what does this mean?

And can they now get bailiffs sent round?

He earns an ok wage, which somehow the landlord has referred to in his letter, but he equally has a lot of expenditure and can’t afford to pay any more.

What will happen at this hearing and can they send out the bailiffs - just because the landlord wants them to? 
I have no clue what to advise him,

can you help at all please?

[AndyOrch]

2 minutes ago, purplenora said:

However, I’m back asking advice now. So he made an offer of payment via the court forms,

If it was done via N245 and the payments are up todate then the landlord must make an application with fee for a redetermination.

Can't execute with bailiffs can't do anything until he attends a hearing and presents his arguments    ignore.

Andy

[purplenora]

is there a chance that the judge might send bailiffs?

The landlord’s argument is that a payment is a waste of time they should just send out bailiffs.

I’d thought that if the judge agreed to a payment plan then there was nothing more the landlord could do

[dx100uk]

cant just send in bailiffs no. end of the matter

the judge has to agree to that. and i doubt he will.

why doesn't he stick in an N245 and nail the LL in his box.

what is this hearing for?

1 hour ago, purplenora said:

Then a couple of days ago he had received a letter from court with a hearing date in a couple of weeks

scan the letter(s) 

variation of judgement or what?

[purplenora]

I’ve no idea, it’s just a court letter saying Notice of Hearing of Application at the top, then the details of claimant and defendant. 

There’s a second photocopied court letter attached which says creditors Reply to Debtors Application to suspend warrant of control.

This has ticky boxes on for accepting or not, and a separate letter from the landlord.

I will scan them both in

Creditor's Reply to Debtor's 2.pdf

I hope that is legible I’m not at home so only have my phone and it made me convert it to word then pdf and the end went a bit weird and it split the first over a couple of pages

[dx100uk]

right so this is a little bit further down the line than first posted about.

your mate did put in an n245 and it looks like the LL is objecting to the sum offered, and a hearing has been called.

im not too familiar with this so ill let @AndyOrch explain things more clearly as what needs to be done, if anything.

dx

[AndyOrch]

Have to attend the hearing and present evidence of his financial position (income & expenditure) and  statements ,and agree an acceptable payment plan with the judges guidance. 

It will be a form of redetermination hearing as already stated.The court will not agree to bailiffs if the financials do not reflect it or assetts are minimal.

They just want to determine his true affordable disposable monthly figure....which will not be £10.

[purplenora]

His financial situation isn’t great, and the landlord has made lots of things up. The things he’s put isn’t true at all. My friend did tell the full truth with incoming and outgoing, I helped him fill in his form and he checked bills etc. to make sure it was right. His wage is ok, but not as good as the landlord thinks it is,  and he doesn’t have anything spare. How much are they likely to take from him? Should he send any reply? 
the letter just says to take the court letter with him. 

[AndyOrch]

Nothing to stop him preparing a statement in response to the application and reasons as to why the warrant should not be approved.

[purplenora]

Should this to be take into court with him or should he send something in earlier?

[AndyOrch]

I would file it earlier (7days) and serve a copy on the claimant/sol if represented