Suing the Council for wrongful prosecution.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Ha! Crazy, my phone is a no frills cheapest in the universe (£9.95) with no bells and whistles, no internet and certainly no camera, let me see if a mate of mine at a Real estate agency can somehow send it to me in word form or something

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Have just sent below to both the LL's Solicitor and also to the County Court email address (for 'hearings')

I will also hand deliver a hard copy to the court today (with the claim number details)

CLAIM NO IN THE COUNTY COURT: C5PPXXXX


Greetings xxxx


Please find transferred today at 11.38 am…….the sum of £xxxx, being full amount of Rental arrears for the property xxxx xxxx: (Dec 2015-xxxx, Jan2016-xxxx, Feb2016-xxxx, March2016-xxxx, April2016-xxxx, May2016-xxxx, June2016-xxxx)


July Rental of xxxx has already been paid (on the 5^th)


Please amend your records accordingly.



Ps Might I respectfully suggest therefore, that there is no need for the Court (Claim) process to proceed on the 25^th July to save court costs, etc…….

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Oh Gawd Crazy. my lovely mate made a pdf of the T. Agreement which has been delivered upside down.....and I cannot copy paste so that I can delete my personal details....what to do??

[Diana M]

Re: Suing the Council for wrongful prosecution.

Could you clarify the date of the possession order hearing please.

It may make sense to file a Statement of Truth (signed and sworn by you) with the court because letters don't always get read by the decision makers (i.e. a DJ) prior to the hearing.

When you were served with the summons did it not give you the option to file a Defence and possibly a Witness Statement with Exhibits?

Di

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Oh Gawd Crazy. my lovely mate made a pdf of the T. Agreement which has been delivered upside down.....and I cannot copy paste so that I can delete my personal details....what to do??

[MENTION=49370]Kati[/MENTION] might be able to help

[Kati]

Re: Suing the Council for wrongful prosecution.

@Kati might be able to help

of course I can :nod:
[MENTION=87701]Ms Andrist[/MENTION] ... if you can email me a copy of the pdf (kati@legalbeagles.info) I will redact it and post it up on here Please put a link to this thread in the email tho' so I know which thread it is for
K xx

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Yes Di, there was a 'defence form' and I also submitted a page of 'mitigating circumstances' as in the fact that the Council not supplying me with benefits for 18 months (since rectified in the nick of time). Court date: 25th July and they now have hard copy of the fact I have cleared my arrears. Thank you so much

[Kati]

Re: Suing the Council for wrongful prosecution.

redacted tenancy agreement

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Hi

This contract is a 3 year contract ( Oct 1992 to Oct 1995 ) with a rent listed yearly at £ 7540 per year . I think the contract makes the tenat an assured tenant ( not AST )
https://en.wikipedia.org/wiki/Assured_tenancy
[MENTION=87701]Ms Andrist[/MENTION] can you right the dates, details and amounts it says on the notice the LL served on you. Now i have seen the contract i need to check something first but i think its very much in your favor.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Crazy, just to clarify, are you talking about the most recent Section 13 (where he wants to put the rent up again?)

[Crazy council]

Re: Suing the Council for wrongful prosecution.

The notice to quit is the moist important, need to see the wording around the arrears and the dates,

[Diana M]

Re: Suing the Council for wrongful prosecution.

redacted tenancy agreement

I can see a handwritten note on there about "damp" and "boiler problems".

Can you expand on that in case you have grounds to counterclaim.

Is it a gas boiler and if so has it been inspected every year and have you been given a Gas Safety Certificate every year?

Is the damp a health and safety issue for you?

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

The LL inherited (when he bought the property) the fact that the flue (outside) had been 'incorrectly terminated'
Yes, I do have gas safety checks each year....and each year the certificate states the above.
The LL has done nothing about it, though it is not a safety issue.

The damp has been pointed out to the Managing agent/freeholder (since I feel it is coming from the outside) but nothing has been done for years...it is not getting worse and is not an issue to me.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Section 8 served 27th May

Covering letter states it is served 'in respect of your arrears of rent'

The LL intends to seek possession on grounds 8, 10 and 11 as set out in schedule 2 to Housing act 1988

Explanation of why each ground is being relied upon:
Balance of rent due Dec £200 Jan £300, Feb £500, March £500, April £500 and rent due on 5th May £1060.
I goes on to note: 'rent has been paid late in accordance to attached statement of account'

Court proceedings will not begin until after 12th June

The statement of account shows rent arrears being £3,060 (at the time of the Section 8 being served)

As you know, yesterday I completely repaid all my rental arrears

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Section 8 served 27th May

Covering letter states it is served 'in respect of your arrears of rent'

The LL intends to seek possession on grounds 8, 10 and 11 as set out in schedule 2 to Housing act 1988

Explanation of why each ground is being relied upon:
Balance of rent due Dec £200 Jan £300, Feb £500, March £500, April £500 and rent due on 5th May £1060.
I goes on to note: 'rent has been paid late in accordance to attached statement of account'

Court proceedings will not begin until after 12th June

The statement of account shows rent arrears being £3,060 (at the time of the Section 8 being served)

As you know, yesterday I completely repaid all my rental arrears