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    • QuackNuts
    • By QuackNuts 21st May 18, 10:44 AM
    • 40Posts
    • 33Thanks
    Land lord is charging for water from HIS leaking pipe
    • #1
    • 21st May 18, 10:44 AM
    Land lord is charging for water from HIS leaking pipe 21st May 18 at 10:44 AM
    I've had County Court Claim papers for invoices where the land lord has charged me for water from his leaking pipe. He has known about this leak for over 6 months. We have paid for what we have used. However, the land lord has said that our meter is now at the beginning of this leaking pipe (which also serves other properties of his) and that we now own the pipe and we should fix it.
    We have explained to him that we will pay for the water we use as per the meter in our building as we have for the last 34 years but he refuses to repair the pipe and has point blankly refused any arbitration. The water that is being wasted is quite considerable (about 23 cubic meters/day) so we have concerns for the damage this leak is causing, any land lord in their right mind would get this fixed ASAP!
    So please could anybody could point is in the right direction to compile our defence for the court? Any pointers or related cases would be greatly appreciated.
Page 2
    • wavelets
    • By wavelets 13th Dec 18, 5:14 PM
    • 1,162 Posts
    • 512 Thanks
    It's not the landlord that's going bust - he's worth over 7 million. He wants to make us insolvent, the letter is from some firm that only started 11/10/18 and their client (the landlord) says the money outstanding is not disputed. He obviously hasn't told them that we've already been to court over some of it.
    Originally posted by QuackNuts

    Insolvency Act 1986, section 123 (1)(e) relates to a company unable to pay it's debts
    • QuackNuts
    • By QuackNuts 9th Apr 19, 2:01 PM
    • 40 Posts
    • 33 Thanks
    Update on the Wasted Water case.
    We went to court again last week. The Judge outlined that as it was a small claims court he could relax the rules about deadlines which meant that the Claimant's papers would be allowed (he was a week late) and that at the end of the hearing one party will be disappointed and explained about the appeal process - all general "housekeeping" things. He said that a long time ago, someone with some common sense had put a meter in (my) the Defendant's building in order to measure how much water was used and the leaking pipe is the Claimant's. He asked the Claimant what legal basis he had brought the claim and after explaining the question a couple of times, the Claimant replied, "well, it's not fair.. I don't have the benefit of that pipe." Needless to say the case was dismissed. The Claimant enquired more about the appeal process and the Judge said that he would refuse permission for an appeal. I asked for costs and was awarded my parking and travel for the day - a gentle way for the Claimant to get used to paying for unfounded claims. So, another win and costs to boot!

    Update on the Statutory Demand
    They issued the demand, I got a solicitor to help with this one. I added it to my bundle for the water case along with the cases the Claimant brings (and looses) through Distritc Enforcemetn (spelt deliberately wrong to make it harder for their spies) and another unfounded claim which I can't go in to any detail about.

    Thank you all for your help again
    • QuackNuts
    • By QuackNuts 30th May 19, 1:03 PM
    • 40 Posts
    • 33 Thanks
    Oh dear! He thinks he's invincible

    Despite the judge refusing permission to appeal and being out of time the Claimant decided to instruct his solicitors to ask for permission. He now wants to change the lease so that it says we are responsible for the pipe and other things. TBH I stopped reading before I got to the end of the first sentence of the reasons as my brain couldn't cope with how much of an idiot this male is - but then again, what did I expect from him? if he wants to make a fool of himself who am I to stop him?

    The court denied him permission for appeal - again, for the last time in this case.

    He does have another major case with us, well.. against me personally and there's another 4 parking charge notices that he has no chance of winning... how dented and broken can his ego get before he leaves me alone? Guess I'll just have to wait and see.

    In the meantime, thank you all again for you help, words of wisdom and guiding lights. You make it all bearable, logical and possible to get to through all this. I am ever grateful.
    • dogshome
    • By dogshome 30th May 19, 5:10 PM
    • 3,219 Posts
    • 1,675 Thanks
    If he wants to change the lease conditions, it's all up for grabs and you decide to accept or not

    Frankly, much earlier on in this thread I suggested you look for another rental because if the L/lord lost the water case, he would be a loose cannon looking for another target, and so it proven to be

    Get out of this property a.s.a.p
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