Suing LL - Waiting for court date.

Notmyrealname

leon91 wrote: »

This is very worrying - I have not been told of this before.
could you explain?

Quite simply the services were there. The gas and electricity had not been disconnected nor the utility companies refusing to reconnect. You could turn on the lights and the heating/cooker. The fact you'd be paying someone elses debt through the meter does not alter the fact that the services were available.

leon91

Hi everyone

an update:

received a defence from the defendant.

Ill type in the covering letter explaining what has happened to my property.

One bed frame:
Little or no value ( no mattress - this has either been collected by the claimant or discarded by the new tenant as it was deemed to be in very poor condition )

Fridge Freezer:
Removed from the property as the new tenants did not require this item as it was not in good condition and deemed not to be of any value NB this item would also require electrical test certificate if left in the property.

Sofabed:
no longer at property ( assumed removed by claimant )


** Fridge Freezer was bought 4 weeks before the new tenants moved in.
I still have reciept showing dates bought and value and delivery etc.

sofabed.
I removed 1 of the 2 sofas
the other was left as they then decided not to allow me to remove anything until i "paid rent"

bed:
have reciept - why would I remove a mattress and no frame
also if were not there how would they know the condition.

any advice to this?
as i am fuming

Strapped

As this is a current case, you need to be very careful about publishing details on an open forum that anyone can read.

Oliviana_London

leon91 wrote: »

The reason there was no gas and electric was his fault.
He owed a supplier £600 on each - the company then knocked on the door demanding I pay the full amount or the meters would be changed to pre-pay , already loaded with the debt from his accounts.

I explained who I was, and that I have my own accounts/bills with this company and they were looking for my LL.
I explained also that I could not just afford £1200.

They then had the cheek to say 'sorry' whilst changing the meters - when i told them I had kids to keep warm and feed..

You should have called the Council immediately, specially if kids involved! The Council has the power to pay for gas, or reconnection of gas/electricity for the LL, and then pursue the LL for that money!
It is illegal eviction! Again Council can help a lot, but if you want compensation then you have to go to court! You can also add up, besides the property that you lost, some "emotional" compensation! Could get a nice amount of money!

Oliviana_London

Jesus, police is stupid! Make a complain to Metro police against the behaviour of the police! If you have receipts... that is theft! Police must act, they dont need a court order for god sake! Also make a complain against the police for breaches of Protection for Eviction Act 1977 (the breaches of this act are all CRIMINAL OFFENCES -invoke this and ask for the Metro police to investigate the officer dealing with this and instruct new officers to correctly address).
Go on the Metro site, and submit your complain! They will call u! U need to complain to Metro, what the Police did is totally stupid and illegal... basically they helped the LL to break the law, plus that the illegal evictions are criminal offences... police should prevent the crime?

Oliviana_London

Listen, if you have receipts you do not need to prove you had those items! The LL needs to show that you did not! U can claim anything you want! He illegally evicted you, so he already broke the law, therefore he is not in a very good situation! Answer the court that the items were in a very good shape and deal with your illegal eviction, lack of gas and electricity and kids involved, you were not able to collect any, plus more items that you do not have receipts for! If you had family pictures for example, the judge will grant u compensations for the emotional lost! The lost is not only counted in MONEY, but the compensations are always in MONEY! Go strong! You can get lots of money! Google and research other judgements and compensation orders concerning illegal evictions so you can make an idea regarding what u can get, and how judges are seeing the LL that are doing this (not good at all specially where kids involved )

bris

Do we know it was an illegal eviction? There is a process the LL goes through to get back an abandoned property, as the OP was not living in it for a few months, this could very well be the case. Abandoned goods are treated the same way, the LL for all he knew , was faced with an abandoned property and goods, and followed the correct procedure. I for one won't hang the LL, the facts are not known.

Oliviana_London

bris wrote: »

Do we know it was an illegal eviction? There is a process the LL goes through to get back an abandoned property, as the OP was not living in it for a few months, this could very well be the case. Abandoned goods are treated the same way, the LL for all he knew , was faced with an abandoned property and goods, and followed the correct procedure. I for one won't hang the LL, the facts are not known.

True, but the OP said he paid the LL rent every single month! Not 275 the whole rent, but 200! Because the LL received the money, that makes the OP the tenant and the property not abandoned!
Still, the OP has a strong ground in court -no gas in the house! How could he lived with his kids there anyway?
And why the OP would carry on paying 200 per month for a property where he could not live due to the gas lack! Because he was a tenant in distress, protecting his kids and still trying to sort the house he had rented!
I say to claim back the money he paid to the LL during the property was uninhabitable! plus much more

Oliviana_London

I would hang the LL! How can you rent a house to a family (kids) when u know u have so much debts on both gas and electricity! And then one day they cut the gas and electricity and leave a family (KIDS) in dark and cold! And after the family was forced to leave everything behind and move somewhere habitable.. then after some months that you still take some money from this family as rent, you sort the debts with the providers, u reconnect the gas and electricity to do what? Rent to other people and change the locks and take this family belongings? Oh I would hang this LL!

lolly_896

leon91 wrote: »

This is very worrying - I have not been told of this before.
could you explain?

the problem I had was that I put £20 in say...

-£5 emergency
-£7 debt
Im left with £8 of £20
now that every week over a month for BOTH would cost me:
£160 spent on credit - I get to use only £64
that is not fair - and £60 would easily be used by a family of 4 in a month on gas and electric ( I pay near that via DD to current supplier )

Id be spending up to £90 a month paying a bill of that was never mine! how is that justified?

For the Emergency to be topped up every week you will have used it - they dont just take £5 for emergencies - So you'd be getting £104.

To be totally honest with you, i think your Landlord is morally wrong for not helping - but could the debts been that of previous tennants. I can't honestly see if you prove to energy supplier you are NOT Mr Jones who has racked up the bill, how can they make you pay back his debt?? You should have been on to the supplier and not the Landlord.

Also PP they did not leave OP with no Gas and Electric