Can I use statements and evidence of previous claim as new evidence in counterclaim?

Thomas3

Hi,

I'm just after a bit of advice please! I'll try and be brief, thank you so much for reading!

Two months ago, I made a small claim against my landlord for one of my leather he damaged while doing some works in the property without notice : this claim (A) remains presently pending after landlord responded denying irrefutable proof I provided.

However, I have now received a section 8 and 21 notice from landlord in which he is claiming for £500 (because I deducted a part of my jacket lost from the rent) and I would like to include in my counterclaim the statements and evidence provided in my small claim (A) in order to show to the court the way the landlord wrongly denied the fact in my small claim.

Someone I met told me that I cannot use previous evidence of a previous claim (even pending) as evidence in a new claim and I, also would like to check if this is true.

Thanks in advance!!

bod1467

It's a small claim - you can use whatever evidence you wish as long as it is relevant. It doesn't matter if the sane evidence supports another claim. Use it - the worst that can happen is that the Judge disregards it, in which case you'd be no worse off than not using it in the first place.

(Is my understanding. Small claims is not a criminal court, and is decided on the balance of probabilities not absolute and incontrovertible fact).

System

As there has yet to be a judgement on whether your 'evidence' is either legal or valid then it and the previous, claim cannot be used.I don't think you have a lot of grounds for fighting the S8/21 as you admit to withholding rent that has nothing to do with the house. You have withheld it for a personal reason and nothing to do with your rental

bod1467

As I said before, this is Small claims. Can you show us where it says you can't use evidence intended for use in more than one Small claim?

(And no - I can't show where it says that you CAN. I very much doubt this would be covered in rules and guidelines, but if the opposite was true then this would HAVE to be mentioned).

PS - I'm not saying the OP has a case, just responding to the specific question asked.

Thomas3

bod1467 wrote: »

(Is my understanding. Small claims is not a criminal court, and is decided on the balance of probabilities not absolute and incontrovertible fact).

This is the problem since my original claim was due to an intimidating act from Landlord and because this last (seems to) used a solicitor, they have denied irrefutable evidence (despite of police report, etc) and the court is willing to reconsider my claim as small claim : this is the reason I would like in my counterclaim to ask the court to re-consider my claim as a criminal act by showing in the previous claim (landlord witness statements where he lied in order to minimize the case) exactly where the landlord lied comparatively to evidence provided at that time.

Maybe the best option will be to put my previous claim (that has been wrongly considered as a small claim by the court after the landlord provided false statements) as a new claim in my counterclaim this time highlighting more accurately each irrefutable evidence that prove/confirm my statements.

Thomas3

!!!!!! wrote: »

As there has yet to be a judgement on whether your 'evidence' is either legal or valid then it and the previous, claim cannot be used.I don't think you have a lot of grounds for fighting the S8/21 as you admit to withholding rent that has nothing to do with the house. You have withheld it for a personal reason and nothing to do with your rental

I believe that I can make a NEW claim in the counterclaim by better formulate/prove my statements : as a result I will just use the same evidence than previously but more rigorously (in order that it will be difficult to minimize). I think I will increase the amount for the damage due to the landlord negation of facts that delay my whole claim for damages I have been victim from landlord.

whitepaper

Thomas3 wrote: »

Hi,

I'm just after a bit of advice please! I'll try and be brief, thank you so much for reading!

Two months ago, I made a small claim against my landlord for one of my leather he damaged while doing some works in the property without notice : this claim (A) remains presently pending after landlord responded denying irrefutable proof I provided.

However, I have now received a section 8 and 21 notice from landlord in which he is claiming for £500 (because I deducted a part of my jacket lost from the rent) and I would like to include in my counterclaim the statements and evidence provided in my small claim (A) in order to show to the court the way the landlord wrongly denied the fact in my small claim.

Someone I met told me that I cannot use previous evidence of a previous claim (even pending) as evidence in a new claim and I, also would like to check if this is true.

Thanks in advance!!

If you've already recovered £500 being the damage you claim was caused to your jacket, why have you made (or continue to make, as the case may be) a claim against the landlord for? :huh:

andybird123

whitepaper wrote: »

If you've already recovered £500 being the damage you claim was caused to your jacket, why have you made (or continue to make, as the case may be) a claim against the landlord for? :huh:

he didn't so much as recover it as didn't pay part of his rent, which is a dodgy position to be in, so both he and the land lord have active claims against each other, presumably the OP opened a small claim and the landlord has lodged a counter claim within the same process


if that is the case then it's one and the same case so the prior claim wouldn't even apply as it's the same claim

bris

Op has no claim against the LL as he has already with held it from the rent.

The LL has a valid claim which will win, the OP needs to use the counterclaim to try and offset it.

Op should realise though that he needs to prove to the small claims courts the losses he has suffered due the the LL negligence, if any.

OP you can't just say that the jacket was £500 without proof, and second hand goods will also be taken into consideration.

Also it's only criminal if the LL deliberately damaged your goods, going to court and stating criminal actions by your LL will not go down well unless you have a police report to back this up.

arcon5

Not paying rent over a disputed claim whilst still living in the property is a terrible idea.

I'm a little confused, what's happened to your previous claim? For it's value, it would have been on the small claims track anyway wouldn't it?

Thomas3

bris wrote: »

Also it's only criminal if the LL deliberately damaged your goods, going to court and stating criminal actions by your LL will not go down well unless you have a police report to back this up.

There are police report and threat by emails from landlord.

The damage jacket was just a part of my previous claim : it was for breach of quiet enjoyment under Harassment Act 1997.

But since the landord restart claiming some money that he should fairly accept as part of payment for damage he caused me, I will NOW make as counterclaim (of section 8 and 21 notice that seem both invalid) a claim for breach of quiet enjoyment of the property AND loss of amenity (landlord changed the locks of the flat without notice, etc.).