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

taxiphil

I have to disagree with the numerous comments stating that the county court is only for claiming specific monetary losses arising from contractual breaches.

This is plain wrong. The county court can be used to claim damages wherever the law provides. Turning to the case in hand, Section 3(1) of the Protection from Harassment Act creates a civilly actionable tort of pursuing a course of conduct which amounts to harassment of a person. Section 3(2) of the Act provides that damages may be awarded for (among other things) any anxiety caused by the harassment.

Claims can be made under the PFHA in the county court by litigants in person and are subject to the usual structure of affordable county court fees - i.e. this isn't just a "rich man's law".

I don't know enough about the facts of the OP's case so can't possibly speculate on the viability of any potential claim under the PFHA, but I just wanted to put the record straight on the issue of what can and can't be claimed for in a county court.

Amanda3

taxiphil wrote: »

I have to disagree with the numerous comments stating that the county court is only for claiming specific monetary losses arising from contractual breaches.

This is plain wrong. The county court can be used to claim damages wherever the law provides. Turning to the case in hand, Section 3(1) of the Protection from Harassment Act creates a civilly actionable tort of pursuing a course of conduct which amounts to harassment of a person. Section 3(2) of the Act provides that damages may be awarded for (among other things) any anxiety caused by the harassment.

Claims can be made under the PFHA in the county court by litigants in person and are subject to the usual structure of affordable county court fees - i.e. this isn't just a "rich man's law".

I don't know enough about the facts of the OP's case so can't possibly speculate on the viability of any potential claim under the PFHA, but I just wanted to put the record straight on the issue of what can and can't be claimed for in a county court.

Further events happened : two weeks ago they have changed the house front door lock while I was doing my examinations. As a result, I had to sleep in an hotel for a night and the next I have called the police who has given me permission to enforce the door.

What form do I have to fill exactly? Is it the N1 form or the Part 8 procedure (I do not have really any trace of this last on internet yet : http://www.consumeractiongroup.co.uk/forum/showthread.php?186242-Protection-from-Harassment)?

Werdnal

taxiphil wrote: »

I have to disagree with the numerous comments stating that the county court is only for claiming specific monetary losses arising from contractual breaches.

This is plain wrong. The county court can be used to claim damages wherever the law provides. Turning to the case in hand, Section 3(1) of the Protection from Harassment Act creates a civilly actionable tort of pursuing a course of conduct which amounts to harassment of a person. Section 3(2) of the Act provides that damages may be awarded for (among other things) any anxiety caused by the harassment.

Claims can be made under the PFHA in the county court by litigants in person and are subject to the usual structure of affordable county court fees - i.e. this isn't just a "rich man's law".

I don't know enough about the facts of the OP's case so can't possibly speculate on the viability of any potential claim under the PFHA, but I just wanted to put the record straight on the issue of what can and can't be claimed for in a county court.

Firstly, OP is on about claiming through the Small Claims court - did not mention County Court at all.

And 2nd, how does OP quantify their monetary loss here - a few arguments with fellow tenants and the landlord is very difficult to put a financial value on, and they seem to have remained in the property despite alledged assault, which adds little credibility to their claims. They do keep mentioning the £800 and have yet to clarify what that is and there may be a possible route to recover that.

I just cannot believe that the OP is still arguing the case for some fictious compensation for some imaginary financial loss ... and is still under the same roof with these horrible people who are apparently making her life such a misery. OP is perpetuating the chances of harrassment by staying in such a hostile environment when the LL wants them to leave anyway.

I am not condoning the LL or other tenant's actions, but OP needs to help themselves here, and I do not think the added stress of a court case which seems to be based on very shaky ground is going to benefit them, or gain any preferential result. A lot of the "evidence" for any claim seems to be based on circumstances which are not documented or verifyable, and court may also want to know why OP has remained in the property if the situation they are claiming is really that bad.

OP, please enlighten us what the £800 is all about - that may have a valid claim.

Amanda3

Werdnal wrote: »

A lot of the "evidence" for any claim seems to be based on circumstances which are not documented or verifyable, and court may also want to know why OP has remained in the property if the situation they are claiming is really that bad.

A proof that they have changed the locks and that have caused me anxiety and stress is enough. The title of my thread is maybe be wrong since I mean complaint at the county court for breach on quiet enjoyment instead of just 'small claims advice'. I will change it now.

BitterAndTwisted

The landlord's daughter is either a letting-agent or works for one. The £800 was "lost" somehow in what the OP described as a possible scam

Amanda3

Amanda3 wrote: »

What form do I have to fill exactly? Is it the N1 form or the Part 8 procedure (I do not have really any trace of this last on internet yet : http://www.consumeractiongroup.co.uk/forum/showthread.php?186242-Protection-from-Harassment)?

Since I am not sure about the right form I will also fill both + claim 3 times the deposit since the landlord did not protect it on time.

BitterAndTwisted

The landlord has returned it, so you can't claim for that.

Amanda3

BitterAndTwisted wrote: »

The landlord has returned it, so you can't claim for that.

Ok, then it will be only a complaint for several breach of quiet enjoyment using N1 form and Part 8 Procedure.

Takeaway_Addict

Amanda3 wrote: »

Hi all,

I would like to know the process for making a claim against my landlord for breach of quiet enjoyment of the property/harassment.

He has assaulted me few months ago through his daughter and yesterday this last came again in the property with warning to threat me.

Two weeks ago they have changed the house front door locks and I had to sleep a night in an hostel (while I was revising for my lasts examinations).

Thanks in advance for your help,

Amanda

Surely either he assaulted you or she assaulted you?

taxiphil

Amanda, for a PFHA damages claim you use the Part 8 procedure and Claim Form N208:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Notes for Claimant on completing the form:

http://hmctscourtfinder.justice.gov.uk/courtfinder/forms/n208a-eng.pdf

Somewhere in the details of claim box, put a statement to the effect of "Pursuant to CPR 65.28, this claim is subject to the Part 8 procedure as it is brought under Section 3 of the Protection From Harassment Act 1997."

I would recommend typing the Particulars of Claim on a separate document. At the end, before the statement of truth, there should be a sentence like "The value of this action exceeds £1,000 but does not exceed £3,000." (This is because you need to set the parameters of the claim at this stage. Replace with your own figures but I'd suggest something in that ballpark).