Need help for a defense form regarding my landlord court possession claim

MoonDragon · 6 February 2013 at 5:08PM

Hi all,

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).

Thanks in advance for your help,

MoonTop

Ps : The landlord had tried to unlawfully evict me several times few months ago.
My rent payment is presently up to date but I had two weeks delay during the last 10 months due to the Housing Benefit payment delay.

Presently, I am appealing for an esa claim that has been rejected.