Dispute with an ex-landlord

AlinaAc

This is the Particulars of Claim

Voyager2002

OK, so the landlord has not given any specific details of the damage that he says you have caused.

One other point: both parties to any dispute are expected to behave 'reasonably'. Before commencing proceedings, the landlord should have sent you a "letter before action" setting out the details of the problem; what payment from you is required to make things right; and asking you to respond within a set period (generally around two weeks), otherwise court proceedings would be issued. Your post suggests that no such warning letter was sent to you: in this case make sure that the judge knows that there was no Letter Before Action, since judges tend to get angry with claimants who behave in this way.

AlinaAc

Voyager2002 said:

OK, so the landlord has not given any specific details of the damage that he says you have caused.

One other point: both parties to any dispute are expected to behave 'reasonably'. Before commencing proceedings, the landlord should have sent you a "letter before action" setting out the details of the problem; what payment from you is required to make things right; and asking you to respond within a set period (generally around two weeks), otherwise court proceedings would be issued. Your post suggests that no such warning letter was sent to you: in this case make sure that the judge knows that there was no Letter Before Action, since judges tend to get angry with claimants who behave in this way.

There were two emails from the landlord warning us of the action being taken further if we don't pay within 7 days. We just disagreed and replied that to them.

canaldumidi

So you need to wait 14 days for the £520 to be broken down. At this point you cannot respond - and nor can we.

AlinaAc

canaldumidi said:

So you need to wait 14 days for the £520 to be broken down. At this point you cannot respond - and nor can we.

I started AOS online though as this cannot wait.

deannagone

Do you have any pictures of you/family etc doing things in the house at the start of the tenancy.  If you do, you can show the state of the property at the beginning of the tenancy, including the garden.

Did you take pics of the garden before (sometime before) and after the LL 'destroyed' the garden?  You might be able to claim for the damaged plants but it won't be a fortune (you will need to include receipts or depend on the Judge guessing accurately what you spent).  

Just to help others (obviously its too late to help you), there is a set way to get back money spent on repairs (by taking it off the rent), if some of the things you did to the property can be called repairs for things that weren't working/leaking etc  https://england.shelter.org.uk/housing_advice/repairs/what_to_do_if_your_private_landlord_wont_do_repairs.

If the LL loses the case, he will have to pay the case fees.  

But paying the rent partly via bank transfer, partly by cash can be proved if you have some kind of rent statement showing you weren't in arrears.  Basically however, its not a good idea to pay cash for rent without a receipt as you are digging a hole for yourself.  

Slithery

AlinaAc said:

canaldumidi said:

So you need to wait 14 days for the £520 to be broken down. At this point you cannot respond - and nor can we.

I started AOS online though as this cannot wait.

What's 'AOS online'?

It will have to wait until you receive a breakdown of the claim.

dimbo61

The Landlord needs to prove the condition of the property before you moved in and after you moved out.
He must show the damage you have caused !
Without a written Inventory with photos or better still a video inventory done by an independent Video Inventory company he will find it very hard to prove you left the property in a worse state than when you moved in.
After 7 years of Fair Wear and Tear the place will need repainting and new carpets.
Did the Landlord do an Gas Safe Certificate every year ( if you have gas )
Did the Landlord supply or carry out an EICR ( Electric condition and Inspection Report )
What about a valid EPC.
Go to court and ask him to prove the Damage and Vandalism !
I know you will win 
Do not admit anything and hopefully you can prove he has failed to carry out he legal duties.
EPC, EICR GSC
Smoke alarms ?

AlinaAc

AOS - acknowledgment of service.
sorry for the confusion.
the claim was issued on 10/02, I have to acknowledge it within 2weeks.  

canaldumidi

The defendant has 14 calendar days from the ‘date of service’ to file a response. If the last day for filing the response falls on a day that the court is not open (a weekend or public holiday), the court will allow the next full working day until 4pm for a response. The defendant can extend the time to respond to 28 days by filing an acknowledgment of service (AOS). You will be forwarded a copy and the ‘claim overview’ section online will also be updated.

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Acknowledgment of Service (AOS)

AOS indicates that the defendant intends to file a defence, part admission or contests jurisdiction (the level of court). The AOS also extends the time to do so from 14 to 28 calendar days from the date of service.

canaldumidi said:

So you need to wait 14 days for the £520 to be broken down. At this point you cannot respond - and nor can we.

Sorry - obviously I meant you canot respond with a defence till the full Particulars are known, and nor can we advise on potential defence.