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

molerat

S47 is for leasehold property and refers to service charges. S48, which applies to you, states that he must provide an address in E&W for the serving of notices. He does not have to provide his actual address.

I have posted a link to this thread in the "House Buying, Selling and Renting" board as there are many experts who will give unbiased advice as this is more a T & LL subject than a small claims one.

ihatemyhouse

did he put your bond in a scheme and give you a cert

you can used the claim for £500 for damage as proof why you with held the rent, as this will be classed as evidence, but they might say you have to pay LL, and sue him seperately

how many months rent have you with held

Thomas3

ihatemyhouse wrote: »

you can used the claim for £500 for damage as proof why you with held the rent, as this will be classed as evidence, but they might say you have to pay LL, and sue him seperately

how many months rent have you with held

When I received the claim for possession I had 2 months held , in total it is also £850.

ihatemyhouse

that is why he is issued the section 8 for not paying rent,

you might go to court and the court say ok keep 500 and give him 350 and get out, or give him the full 850 and get out, he has issued the section 8 as all he has to do is prove you haven't paid the rent, u must prove you have,, if you cant prove you have paid it, then he can evict you, but the judge might give you 2-6 weeks to find some where else

is your deposit in a scheme?

Thomas3

ihatemyhouse wrote: »

that is why he is issued the section 8 for not paying rent,

you might go to court and the court say ok keep 500 and give him 350 and get out, or give him the full 850 and get out, he has issued the section 8 as all he has to do is prove you haven't paid the rent, u must prove you have,, if you cant prove you have paid it, then he can evict you, but the judge might give you 2-6 weeks to find some where else

is your deposit in a scheme?

Yes, I believe he has protected since I remember to have received a notification by email.

BitterAndTwisted

In which case his Section 21 Notice will succeed. There is no contesting it on any grounds whatsoever, as long as your deposit was registered correctly.

Better get packing!

Thomas3

May main concern is not about the section 21 part but about the section 8....

jamie11

Thomas3 wrote: »

While I was paying the rent, the landlord continued his harassment anyway and filed a section 21 in order to evict me (victimisation) : the way everything is unfairly delayed with my claim I prefer to have something upfront.

Thomas3 wrote: »

It is the case, however I will now make a counterclaim for Breach of quiet enjoyment of the property AND loss of amenity instead of just Breach of quiet enjoyment of the property.

To stop paying rent because of a perceived debt is stupid, rent is your number one priority.

Courts are there to decide the case, not your ill conceived ideas of what your 'rights' are.

You are unlikely to get much of a reference for your next place from this landlord so I suggest you get some law books and study them under the bridge where you might be living, that's where trolls normally live.

BigAunty

Thomas3 wrote: »

While I was paying the rent, the landlord continued his harassment anyway and filed a section 21 in order to evict me (victimisation) ...

I am not disputing the possibility that there was harassment (the Shelter website has an excellent section on what constitutes landlord harassment and how a tenant should deal with it and record it).

But issuing a section 21 in itself is neither harassment nor has any place in eviction proceedings in court as being considered as victimisation.

Yes, your landlord may well have served you with notice because of your other tenancy dispute issues but S21 notices are nicknamed 'no fault' notices.

It is a regular criticism of the UK eviction process that a landlord can easily get rid of a tenant that they find is a nuisance, even when it is because they've clashed over the poor management of the tenancy, such as not undertaking repairs.

If the S21 was properly served, then the judge has no discretion whatseover about the original reasons for it, the landlord does not have to justify themselves and the tenant cannot 'defend' themselves against it.

This means that the judge must award possession to the landlord on a mandatory basis if written and served correctly (assuming it doesn't get thrown out on a technicality, such as filling in the form wrongly, not giving the right notice period or similar).

BigAunty

Thomas3 wrote: »

May main concern is not about the section 21 part but about the section 8....

The Shelter website is an invaluable source of help to tenants to understand the eviction process and their options. They have a helpline, email service, too, and some drop in offices.