Landlord has changed the lock

Jox

Why did you agree to paying an extra 40 a month if that wasn't in the original agreement?

The landlord should not prevent you from using the kitchen.

Do you have cooking facilities in your room?

MoonDragon

Jox wrote: »

Why did you agree to paying an extra 40 a month if that wasn't in the original agreement?

The landlord should not prevent you from using the kitchen.

Do you have cooking facilities in your room?

Because of harassment (other tenants are his relatives/friends) and I think he expected that by increasing the charges I could NOT pay the rent.

I have bought a rice cooker that I use in my room but I cannot cook/eat very healthy food at the moment.

In fact, he told me that I could stay in the property if I paid the further £40 but apparently that was just a ruse...

bob2

Just wondering - how do you access the Internet in your room? Is there shared broadband/wifi in the house and if so do you split the bills with the other tenants or is this included in the rent?

GDB2222

MoonDragon wrote: »

Because of harassment (other tenants are his relatives/friends) and I think he expected that by increasing the charges I could pay the rent.

I have bought a rice cooker that I use in my room but I cannot cook/eat very healthy food at the moment.

In fact, he told me that I could stay in the property if I paid the further £40 but apparently that was just a ruse...

To be frank, I would take the hint and move, if I were you. Sooner or later, the landlord will get his paperwork right, and the court will provide him with the necessary order. In the meantime, this is no way to live!

MoonDragon

GDB2222 wrote: »

To be frank, I would take the hint and move, if I were you. Sooner or later, the landlord will get his paperwork right, and the court will provide him with the necessary order. In the meantime, this is no way to live!

I think I had explained you this previously and especially that I am presently sick...

Believe me, if I could move I will have done it already.

However, thanks for your help.

MoonDragon

b!!! wrote: »

Just wondering - how do you access the Internet in your room? Is there shared broadband/wifi in the house and if so do you split the bills with the other tenants or is this included in the rent?

We were sharing the internet during the first 5 months and they have equally prevent it from me : I am presently using my smartphone broadband.

G_M

I have received today a defense form regarding a possession claim my landlord have made against me.

Previously, in November 2012 I have received an eviction notice (notice requiring possession under Section 8 (grounds 8, 10 and 11) & section 21 of Housing Act 1988)
from my landlord with a deadline of 05 February 2012).

However on 05 January 2013 (expiry day of my tenancy agreement (but one month before the deadline of the eviction notice), my landlord (despite of knowing that I am sick) have tried to unlawfully evict me by changing (without a 24 hours notification) the lock of the front door of the building by a way I could only come out but not come back in (he didn't give me a copy of the new key) : As a result I was locked inside the property for 6 days.

I had a one year Assured Shorthold Tenancy Agreement that will ended on 05 January 2013, but I have not found another accommodation due to my sickness.


Based on section 8, he is claiming 2 months rent arrears but for my point of view at the date of my landlord possession claim the rent was to date.

Previously, in the eviction notice my landlord had claimed that I had two months and two weeks rent in arrears while I had only two weeks arrears at that time (due to housing benefit payment delay).

- The court form is dated 1st February 2013 but I have received it only today : also, what is my deadline to return it to the county court?
- Originally I was paying £260/month (single room) (it is this amount that is on the possession form and eviction notice letter) all inclusive during the first 5 months of the tenancy and after the landlord claimed informally (when the harassment started) for a further £40 so after that he and the new tenants will stop the harassment. Also I was paying the £300 (£150 every two weeks) instead of the agreed £260/month but the harassment continued (no right to use the gas (kitchen), tenant who are relatives of the landlord slap the door while the well know i am suffering severe chronic headache,etc...) :
on the 11 January 2013 after beeing harassed again by the landlord I have just deducted the £40 paid each month during the last 7 months (£40*7 = £280).
This deduction has been made on the ground of 'breach of quiet enjoyment.
Due to the fact that was locked inside during 6 days I had to call a lot of 0845 numbers for advice and that increased my mobile phone bill to above £100. However I have not take this last bill in account regarding my rent payment.

Also, if I was right to do the above deduction then my rent arrear (but only on 05 february 2013 but not at the date the landlord has apply for possession) is only from 25 February 2013 to 05 March 2013 (height days).

The court forms will tell you the deadline for returning your defence.

If this is the S8 Notice (you'vepreviously talked of S21), then your defence is

* evidence of what the rent should be (eg your tenancy agreement)
* evidence of your payments
* evidence that rent is not 2 months overdue (date of S8/currently)

As well as entering a defence, you could enter a counter-claim eg

* for harassment
* for your costs (phone bill etc)

BASFORDLAD

MoonDragon wrote: »

I am in Lambeth.

The Council House does not allow me to talk to them.

Well you need to get past the gate keeper

MoonDragon

G_M wrote: »

The court forms will tell you the deadline for returning your defence.

The form says 14 days after reception of the letter : the letter is dated 1st february 2013 but I have received it just today by simple post mail (not possible to prove the date of reception).

G_M wrote: »

If this is the S8 Notice (you'vepreviously talked of S21),

They have not put the deposit in a scheme before 06 May 2012 and also they cannot give notice under section 21.

G_M wrote: »

* evidence of what the rent should be (eg your tenancy agreement)

So, is it fine regarding the £40 deduction (if i can prove the normal rent amount)?

G_M wrote: »

As well as entering a defence, you could enter a counter-claim eg
* for harassment
* for your costs (phone bill etc)

http://en.wikipedia.org/wiki/Counterclaim

I have found this link, http://www.communitylegalaid.org/library/housing/131-How-to-File-an-Answer-and-Counterclaim , but the process seems a bit complex (but obviously I do not have any choice).

MoonDragon

BASFORDLAD wrote: »

Well you need to get past the gate keeper

Anyway it is too late since the landlord has applied for possession at the court.