Claim against landlord for breach of quiet enjoyment-Protection from Harassment Act

BitterAndTwisted

Amanda you are tilting at windmills.

I suggest you concentrate your efforts on securing your onward move rather than wasting your time on contractual breaches.

You claim you are renting an unregistered HMO. Your landlord has served you with a S21 Notice and claim the return of your deposit by cheque was sent to you on the same day as that S21 was issued and is therefore invalid. The landlord has sent his daughter round to threaten you and now they are trying to lever you out of there by making your remaining stay unpleasant.

Why don't you just take the hint and get the hell out of there instead of trying to find ways of getting your own back through the legal process?

Werdnal

Amanda3 wrote: »

This is too easy especially when the landlord does not give me time to search another accommodation and has stolen my £800.

Can someone please tell me how I can fill a claim for breach of quiet enjoyment?

What £800?

Not even sure that "quiet enjoyment" applies in a shared property when you only rent the room as your own space. The tenants were not using your room with their party.

Why are you still there, when according to your other threads, your LL issued you notice months ago (albeit invalid notice by the sounds of it) and you have apparently now finished the exams you were using as reason for not moving then. If life there is so hard, I would be camping on a mate's sofa by now.

If you feel you have a case for assault, that should be persued through a criminal court to press any charges.

The breaches you have mentioned - parties by other tenants and threats from the LL and his family - do not really represent any financial loss that you can claim for.

If you explain what the £800 relates to, you may be able to sue the LL for this through Small claims or moneyclaim online, but as for the other things, you do not really have a case. You suggest "not paying rent" for the next 2 months - why the hell are you even contemplating staying there for another 2 months!!!!???

Concentrate on finding another property and getting away from all this hassle.

Yorkie1

I agree with the other posters, the small claims court is to recover specific monetary losses you have incurred as a result of another's conduct.

How do you propose to quantify your losses as a result of the breach of quiet enjoyment?

ognum

Amanda3 wrote: »

Else I will not pay any rent during the next two months until I recover my lost.

And I hope that the landlord will serve me a section 8 notice : then I could make a counterclaim (this option is from the citizen advice bureau).

I have just sent him to inform him that I will keep his next rent on my account until we go to the court (for breach of quiet enjoyment of the property or due to his claim for repossession under section 21).

Frankly this in my opinion is plain stupid! you are dealing with unpleasant people, you really don't have a claim and you are being subjected to threats. Stop messing with this and use your energy to find a new place to live.

That's me done, can only keep saying the same thing so many times!!!

Amanda3

Werdnal wrote: »

What £800?

Not even sure that "quiet enjoyment" applies in a shared property when you only rent the room as your own space. The tenants were not using your room with their party.

Why are you still there, when according to your other threads, your LL issued you notice months ago (albeit invalid notice by the sounds of it) and you have apparently now finished the exams you were using as reason for not moving then. If life there is so hard, I would be camping on a mate's sofa by now.

If you feel you have a case for assault, that should be persued through a criminal court to press any charges.

The breaches you have mentioned - parties by other tenants and threats from the LL and his family - do not really represent any financial loss that you can claim for.

If you explain what the £800 relates to, you may be able to sue the LL for this through Small claims or moneyclaim online, but as for the other things, you do not really have a case. You suggest "not paying rent" for the next 2 months - why the hell are you even contemplating staying there for another 2 months!!!!???

Concentrate on finding another property and getting away from all this hassle.

The court is in a month and technically I do not think I will remain in the property more than 4 weeks from today.

Amanda3

ognum wrote: »

Stop messing with this and use your energy to find a new place to live.

I am doing this on the daily basis, all ask my present landlord references.

thesaint

Amanda3 wrote: »

I am doing this on the daily basis, all ask my present landlord references.

So, getting evicted will better your chances...:o

Amanda3

Please note that I have just opened this thread to know the process for a complaint of breach of quiet enjoyment. This complaint will be done before or after I leave the property!

grifferz

Amanda3 wrote: »

Please note that I have just opened this thread to know the process for a complaint of breach of quiet enjoyment. This complaint will be done before or after I leave the property!

You have already received several answers pointing out that a small claims court is for claiming monetary reimbursement for monetary loss, so unless you can prove monetary loss by this breach of your quiet enjoyment, you are wasting your time and more of your money.

If you're determined to ahead, you go to http://moneyclaim.gov.uk/ and do what it tells you to. But the response here has been universally that you are doing the wrong thing.

Werdnal

Amanda3 wrote: »

Please note that I have just opened this thread to know the process for a complaint of breach of quiet enjoyment. This complaint will be done before or after I leave the property!

And you have been told umpteen times that there is very little you can do about it. There is no financial compensation to be claimed and you are only likely to stir the situation up even more if you start doing silly things like stopping paying your rent whilst you are still living there. You think these friends and relatives of the landord that you are sharing with are being awkward and hostile towards you now ... you ain't seen nothing yet. Not saying their actions are acceptable, but you should be doing everything you can to get away from the situation, not giving them more ammo to chuck in your direction.

If you feel you have a valid claim for the £800 you mentioned, that might come to something (athough you still haven't explained what that money was so we can advise you), but you are on a hiding to nothing trying to persue anything else.