Action against Landlord please read and advise

neverdespairgirl

Before you do take legal advice, spend a very small amount of money on a carbon monoxide detector, and put it near your boiler.

N79

clutton wrote: »

""N5B form submitted but the following is wrong
No tenancy agreement(LL does not have one) - is the tenancy still within the original tenancy period or has it moved to periodic (in which case tenancy agreement is not particularly relevant)"

i cannot agree with this... any application for possession must include a copy of the tenancy agreeement as this is the only way that, for example, a S21, can be deemed valid or invalid, whether the tenancy is in fixed period, or, in periodic....

Not only is Clutton's reasoning above correct but since the LL has used N5B they are using the accelerated possession process for which it is mandatory that the LL can supply the appropriate paperwork because the assumption is that there will be no hearing.

Given that there is no tenancy agreement the N5B application should fail but beware as the courts may simply transfer the case to a normal possession case and call a hearing.

OP - you need to complete the return slip to court pointing out exactly which documentation that the LL has submitted is incorrect (I would not claim it is fraudulent without seeking legal advice - just stick to wrong / incorrect documentation for now eg must be another Ts S21 included because yours was received on date xxx etc). Include copies of the documentation you have (eg the S21, any correspondence from the DPS) with your return.

That said, ultimately I'm sure you would be better finding a new and better place to live than trying to defend the S21! Afterwards you can report this LL to all the appropriate authorities.

One final caution. The above is based on the fact that you are speaking the truth in this thread. Please understand that I am not accusing your of lying but if some of the claims regarding paperwork are exaggerated or pushing the truth then please do not repeat these claims to a court - that route risks jail time for you.

tbs624

beaverb - see a legal professional. You may qualify for help with legal costs, and most solicitors will offer a fixed fee interview as a preliminary

Although you may be able to gain some extra time because of the LLs sloppy paperwork , you are obviously going to need somewhere new to live.

I can fully understand why you would want to take some form of action over this LLs apparent shortcomings but trying to do so via a forum is probably not the best way when there seem to be several strands to your situation

http://www.communitylegaladvice.org.uk/
http://england.shelter.org.uk/get_advice/advice_services_directory
http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law
http://www.lawcentres.org.uk/

And when you've got things underway and have time, do post your experiences up at http://england.shelter.org.uk/what_you_can_do/evictroguelandlords

beaverb

Dates have been changed on purpose, so please ignore these

This is my defence to the S21,N5B notice, can you please tell me if this is ok

My tenancy deposit of £*** was paid to Mr **** ***** on the 10 August 2009, this was not proteced until after the S21 was served,
my understanding is that the s21 served on me at
** *** Street
****
*****
**** ***
on the 15th August 2010 is invalid under s215 of the Housing Act 2004

N79

In general its fine and you could send it as is. However, you might like to address a couple of minor grammar / language and spelling points as taking the time to get these right is noticed by the court and it does make it easier for the judge to understand your points eg:

Protected
S21 is a rather colloquial phrase. I would spell it out as a Section 21 notice (or even a notice under section 21(1)(b) or (4)(a) of the Housing Act 1988) although, actually, since you defence is that it was not a valid Section 21 notice, you could just call it the notice!
The defence would benefit by being split into more than one sentence.
You don't tell the court to do something, you ask them.
Judges like to have all the documentation attached and indexed so that they can clearly see the evidence that backs up your points.

So it would look something like:


I paid Mr **** a deposit of £*** on the 10 August 2009 in connection with a tenancy of [address]. (See receipt attached as enclosure A)

I submit Mr **** was obliged to protect this deposit in accordance with Section 213 of the Housing Act 2004.

In fact, this deposit was not protected with [Scheme XXX] until [Date XXXX]. (See scheme XXX receipt attached as enclosure

Mr XXXX[the LL] served a notice requiring possession (headed a Section 21 notice) on me at
** *** Street
****
*****
**** ***
on the 15th August 2010. (Please find attached a copy of this notice at enclosure C.)

Since the notice was issued before the deposit was protected I ask the court to rule that the Section 21 notice I received is invalid under Section 215 of the Housing Act 2004. I therefore ask that the court rejects Mr XXXX's [the landlord] claim for a possession order for XXXX [property address].


PS. Any post that mentions the work grammar will contain mistakes in grammar and spelling. Sorry - its just the law of the internet!

beaverb

Thanks alot N79, that was not the completed draft, although i would'nt have made it look as professional as you have.

Do you think this defence alone would be ok, I only ask because LL as not filled in parts 2,3,4,5,6 so i have no defence for those questions.
The only question LL answered was number 7(which is the S21 notice bit)
Do i answer yes because although i recieved a notice it is not the same one my LL provided for his defence

I have not got a bond reciept although LL as now protected and he also ticked yes on the N5B form

N79

beaverb wrote: »

Thanks alot N79, that was not the completed draft, although i would'nt have made it look as professional as you have.

Do you think this defence alone would be ok, I only ask because LL as not filled in parts 2,3,4,5,6 so i have no defence for those questions.

Q2 not relevant.

Q4 is not a question but a set of statements. LL should leave as is.
Q5 is not relevant.
Q6 is only relevant if you have had more than one tenancy (I doubt it is relevant)

However, Q3 is a key question and if the LL has not filled in the tenancy start date and attached a copy of the tenancy then his claim should fail, whether or not you submit a defence (although as I stated earlier, the claim could fail into a classic possession case.

The only question LL answered was number 7(which is the S21 notice bit)

In which case the failure to answer Q9 should also cause the claim to fail.

Do i answer yes because although i recieved a notice it is not the same one my LL provided for his defence

yes to what? You need to be precise. Why is your LL submitting a defence and what claim is he defending?

I have not got a bond reciept although LL as now protected and he also ticked yes on the N5B form

If you have not got a receipt from the TDS scheme used then phone up the appropriate scheme and ask them to confirm the details in writing. Amend you defence to state that you will supply the TDS scheme receipt when you receive it.

beaverb

N79 wrote: »

Q2 not relevant.

However, Q3 is a key question and if the LL has not filled in the tenancy start date and attached a copy of the tenancy then his claim should fail, whether or not you submit a defence (although as I stated earlier, the claim could fail into a classic possession case.




yes to what? You need to be precise. Why is your LL submitting a defence and what claim is he defending?

On my defence form it asks "did you recieve the notice referred to in section 7)
Now i did recieve a S21 notice but not the one my LL as attached to the N5B form
So im confused whether to answer yes or no

N79

beaverb wrote: »

On my defence form it asks "did you recieve the notice referred to in section 7)
Now i did recieve a S21 notice but not the one my LL as attached to the N5B form
So im confused whether to answer yes or no

You answer no! Then add a sentence explaining that the notice received with the court papers is different to the one you received. Then attach a copy of the notice you did receive (as per previous posts).

skint-student-nurse

RE the deposit, if it wasnt protected with one of the certified DPS within 14 days,then you can claim for three times the original deposit. I have taken a former landlord to court over this,and won. sorry if its already been mentioned,i just quickly read this thread before work.