Awful Housing Association Landlord who're taking me to Court

Norman_Castle

http://england.shelter.org.uk/get_advice/leaseholders_rights/leaseholder_tribunal

sparky130a

Hard_food_for_midas wrote: »

I'm really sorry to hear this :-(

Thank you for taking the time to try and temper my email. I have taken on board some of your suggestions.

Don't be, longtime coming.

In essence i share your frustration. But the difference is my soon to be ex employer cannot CCJ me. Just do not let that happen.

https://www.moneyadviceservice.org.uk/en/articles/dealing-with-county-court-judgements-ccjs

It'll properly screw with your life.

Guest101

Hard_food_for_midas wrote: »

The valid defence is: without withholding my SC, none of the 6 urgent issues would have been dealt with. This company has form. The other 28 residents were too scared to take this action. It's the only thing that's made them sit up and listen..

I am in dispute over the SC. What service have we received?

(That'll be my defence and I'm sure a lot of others suffering from this neglect will be interested in this case. It might give them hope to stand...)

That is not a valid defence as leaseholders have the right to self manage.

AdrianC

Hard_food_for_midas wrote: »

The valid defence is: without withholding my SC, none of the 6 urgent issues would have been dealt with.

That's not a valid defence.

It's the only thing that's made them sit up and listen..

So the work is now being done? No, it isn't, is it? You're just being sued for your debt. They've not listened, have they?

In your first draft, you said "Now I have received a CCJ notification to clear the arrears."
No.You have received a notification of a claim against you. The judgement can only be issued by the court. It will only be issued IF you do not defend the claim, or if your defence is inadequate.

Right now, your defence is inadequate. You do not have a good reason not to pay. You will lose.

steampowered

Hard_food_for_midas wrote: »

If I lose, I'd have to pay their costs - likely to be £70 and maybe I have to pay hearing costs of £60 - does this sound about right?

Assuming this gets allocated to small claims track - the relevant track for claims below £10k - the costs they could claim are listed here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14.

I assume the £70 you mention is the "fixed costs" referred to on the claim form.

If they win, you would be liable for the fixed cost amount. You would also be liable for their court issue fee and hearing fee (click here to see what they are), and travel expenses.

Further legal costs would only be awarded in small claims track if you are seen to have "behaved unreasonably". You can reduce the chances of that happening by making sure you comply with all court deadlines and by making a written settlement offer, for example you might offer to pay the service charge within 14 days if the HA will agree to conduct the outstanding works within the six months.

It seems I may have to issue a counter claim against them for breach of lease. I take in injunction out on them to do something.

I cannot see any basis for claiming an injunction. If you were to seek an injunction, that would take you outside the small claims track - meaning that would be liable for their full legal bill if you lose the case.

It would be better to phrase your counter-claim in terms of seeking monetary damages for breach of the lease - of course you would need to point towards the specific parts of the lease which have been breached.

one other point ...

I just want to point out that most leases do not allow you to withhold payment of a service charge, or set-off amounts owing for the freeholder's breach of contract against the service charge. If that is the case, then I am sure the court would award judgment for the service charge.

However you may well have a counterclaim if the HA is in breach of the lease, which could be dealt with at the same hearing.

It may also be worth closely examining the service charge demand against the legal requirements for service charge invoices - such as a statement of your rights and obligations, see http://www.legislation.gov.uk/ukpga/1985/70/section/21B. You would be surprised how often incompetent companies get simple things like this wrong, which would give you a complete defence to the service charge demand for now (at least until they serve a legally compliant demand).

Hard_food_for_midas

steampowered wrote: »

Assuming this gets allocated to small claims track - the relevant track for claims below £10k - the costs they could claim are listed here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14.

I assume the £70 you mention is the "fixed costs" referred to on the claim form.

If they win, you would be liable for the fixed cost amount. You would also be liable for their court issue fee and hearing fee (click here to see what they are), and travel expenses.

Further legal costs would only be awarded in small claims track if you are seen to have "behaved unreasonably". You can reduce the chances of that happening by making sure you comply with all court deadlines and by making a written settlement offer, for example you might offer to pay the service charge within 14 days if the HA will agree to conduct the outstanding works within the six months.


I cannot see any basis for claiming an injunction. If you were to seek an injunction, that would take you outside the small claims track - meaning that would be liable for their full legal bill if you lose the case.

It would be better to phrase your counter-claim in terms of seeking monetary damages for breach of the lease - of course you would need to point towards the specific parts of the lease which have been breached.


I just want to point out that most leases do not allow you to withhold payment of a service charge, or set-off amounts owing for the freeholder's breach of contract against the service charge. If that is the case, then I am sure the court would award judgment for the service charge.

However you may well have a counterclaim if the HA is in breach of the lease, which could be dealt with at the same hearing.

It may also be worth closely examining the service charge demand against the legal requirements for service charge invoices - such as a statement of your rights and obligations, see http://www.legislation.gov.uk/ukpga/1985/70/section/21B. You would be surprised how often incompetent companies get simple things like this wrong, which would give you a complete defence to the service charge demand for now (at least until they serve a legally compliant demand).

You are a genius - the letter failed to be accompanied 'by a summary of the rights and!
obligations of tenants of dwellings in relation to service!
charges.' All that was sent to me on the 2/2/17 was a covering!
letter; Reference only Claim Form; Statement of Account and Ways!
to pay.
:T

Hard_food_for_midas

Guest101 wrote: »

That is not a valid defence as leaseholders have the right to self manage.

I know...look, this is what I wrote - replied to the court claim form using https://www.moneyclaim.gov.uk.

this is what I said in the 'Defence' section:

'The service charge demand issued to me was non compliant as it!
failed to be accompanied by a summary of the rights and!
obligations of tenants of dwellings in relation to service!
charges.

All that was sent to me on the 2/2/17 was a covering letter;!
Reference Only Claim Form; Statement of Account and Ways to pay.

If the Claimant wishes to proceed with this action, they should do!
so correctly.

And, if they wish to proceed, I wish to make a counter-claim to!
seek monetary damages for breach of the lease (Section 5.3.1)!
relating to the roof and (5.3.3) general maintenance and upkeep.!
Also, (5.4) regarding lighting.

The Claimant has offered £100 in monetary damages (an offer which!
I find unacceptable, given that my complaint is over 15 months old!
and has taken up a lot of my time managing and sorting.) There is!
no reflection of this 'discount' from my service charge bill as!
set out in this claim.

The Claimant has tried to close down my complaint, but since!
receiving this Court Order, I have written to the CEO of the!
Claimant explaining their breach of the Lease and that there is!
still no satisfactory response to my complaint.

I am prepared to pay the service charge once we can agree on the!
final amount, which I hope fairly reflects the time, effort and!
money I have put into the servicing of this building and the!
claimant fulfilling their obligations as set out in the Lease.'

steampowered

Hard_food_for_midas wrote: »

You are a genius - the letter failed to be accompanied 'by a summary of the rights and!
obligations of tenants of dwellings in relation to service!
charges.' All that was sent to me on the 2/2/17 was a covering!
letter; Reference only Claim Form; Statement of Account and Ways!
to pay.
:T

Good to hear. :beer:

Now make sure you file a defence referring to the relevant legislation before the relevant time limits expire.

It is probably best to include your counterclaim for breach of covenants in the lease, and any other points of defence, as well. Once the claimant twigs that it hasn't complied with the legal requirements, it would be relatively straightforward for them to rectify by re-serving a compliant notice.

Hopefully this then gives you a bit of leverage to get the case settled and repairs done.

Hard_food_for_midas

I've no idea why this site has put in all those '!' they were not on the form I submitted online - thankfully.

thanks for all your help.

I'm not 100% I've done the right thing, but I feel better making the decision to defend the action they have taken having listened to your advice..

steampowered

Now it would probably be sensible to write or email the HA's legal representative, headed 'without prejudice save as to costs', noting that you are now pursuing a counterclaim against the HA for failure to comply with the lease through the county courts.

You'd presumably offer to settle the case, pay the service charge and withdraw your counterclaim if the housing association will undertake to conduct the repairs within an agreed time bound period.