Suing the Council for wrongful prosecution.

[Diana M]

Re: Suing the Council for wrongful prosecution.

This is all because of the Council's wrongful prosecution which is why I want to sue them for putting me in this position.

That sounds like a plan

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

I think it was on ground 11 (whatever that is)....the LL kept banging on about how could he be sure it wouldn't happen again. The Judge looked at my defence form where I had to state my in comings and outgoings and it is admittedly tight (but just about do-able) The Judge said he thought it would be best for both parties that he make that determination (I disagree!!)
The fact that the Landlord has a current Section 13 for a rental increase (of nearly £300 per month) will not have helped, in that if I struggle with the rent NOW the inference was, how am i going to pay any increase. I did what you told me to do, and asked in the room to the Judge before I left, if I could appeal.....but he just spouted some gobbledegook which I could not understand.
The fact that I now have to pay costs £450....does not help. Am really not happy Di....I think I will now proceed to do some serious damage to a clement bottle of fizz........

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

I think I will appeal against the decision, my understanding is that this can be done within 28 days. I will await the papers from the court showing the ruling and on what (flimsy) ground...and then will proceed to try and get a professional (via Legal Aid) to assist me. am concerned that I did not put up a robust enough protestation.

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Hi

Sorry i was unable to get back last week but was off my feet for the week, and iu would not worry about the suspended possession, although i do find it odd, but in your case it doesn't meen anything. Was there any time scale with it ( like 6 months ). I need to ask an old friend about the protections a tenant from pre1997 has, before i add something, but i thought the rent increases were limited, i will add that when i know for definite.

The fact that I now have to pay costs £450....does not help. Am really not happy Di....I think I will now proceed to do some serious damage to a clement bottle of fizz........

did the judge award him costs ? on ground 11 ?

Also, you LL sounds like he going to be a ****** whatever you do, and if he wants it for redevelopments, he could make you an offer to leave. What do you think its worth to him

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

No time scale....though have not received today's determination.
He would never make me an offer to leave.
I did say to the Judge that I had asked his solicitor to withdraw the claim when I paid the arrears....but for some reason he was unmoved.
The clause with regard to rental increases is nul and void with my6 particular agreement...which is why the Property Tribunal once again will have to decide what the increase (if any) will be....I went through this process only 13 months ago!

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Have already had a demand for 'Costs' from LL's Solicitor.......

[Crazy council]

Re: Suing the Council for wrongful prosecution.

Hi

I need to ask a old buddy about protection from harassment for a tenant, and how it relates to a pre 1996 tenancy. It may be Friday before he confirms what i suspect. I feel sorry for you your LL seems to have an arterial motive. Possibly time to fight fire with fire.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Oh he is definitely harassing me....financially, emotionally...I was armed with various examples to show the judge yesterday...especially the contract he tried to force me to sign as a 'renewal agreement' lasting 12 months last year,...I mean, why would I give up my ASSURED periodic tenancy?.........

[Diana M]

Re: Suing the Council for wrongful prosecution.

I think it was on ground 11 (whatever that is)....the LL kept banging on about how could he be sure it wouldn't happen again. The Judge looked at my defence form where I had to state my in comings and outgoings and it is admittedly tight (but just about do-able) The Judge said he thought it would be best for both parties that he make that determination .

Wait and see what the Order says.

The DJ should only make a decision based on the evidence before him.

He agreed with your evidence that there were no rent arrears so he didn't make a (mandatory) Possession Order under Ground 8. You should be pleased about that

He could see that there was a history of late payments spanning a considerable amount of time albeit that was not your fault (HB entitlement withdrawn). I'm disappointed that he made his decision (if Ground 11 was the reason) based on the possibility that you may find yourself in that position again. That bridge should be crossed if/when you get to it (arrears) and not before in my book. Your Landlord could always make a fresh application for possession should the need arise (and not before!).

Di

[Crazy council]

Re: Suing the Council for wrongful prosecution.

I was wandering how the judge was going to word this

Usually, suspended possession comes with details of the release, for example, mortgagee arrears, rent arrears, the suspended possession order is whilst there are arrears, and usually a term after.

Even classing arrears is difficult in this example from teh OP. The original contract is pre 1996 ( means assured tenat usually ), the terms is fro 3 years, so the period tenancy would also be three years, not six months.

I have seen grounds ten and eleven, used with other grounds ( noise nuance, damage ) successfully, but i have never seen it on its own without arrears outstanding at the court date, and am a bit bemused how you put a suspended possession on a property on these terms and it have any affect.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Yes, Di....I would very much like to the the EXACT terms for the 'suspended repossession'
I have received today a 'summary' from the 'Duty Advisor' who was at court who confirms that as long as I pay my rent on time AND pay the court costs within the 6 week time limit, I can legally stay in my home.
If I don't, the LL is entitled to apply for a 'warrant of possession' or 'bailiffs warrant'.....So, does that mean that he does not need to make a fresh application? Am still very worried.......

[Diana M]

Re: Suing the Council for wrongful prosecution.

I have received today a 'summary' from the 'Duty Advisor' who was at court who confirms that as long as I pay my rent on time AND pay the court costs within the 6 week time limit, I can legally stay in my home.

What court costs?

Or do you mean the Claimant's legal (solicitors) costs?

How did the DJ get to the six week timeline for paying those?

If it's not achievable then you may need to apply to vary that Order. Since you are on Pension Credit you may be able entitled to fee remission for the application.

Did you meet the Duty Advisor on the day and if so why didn't they represent you at the hearing?

Di

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

My understanding is that it was for Court AND the Solicitors fee....even though they did not represent the LL.
The LL's Solicitor demanded that I pay the costs (which they extrapolated to over £500) within 14 days before I even got to court!....I do not know how the Judge arrived at 6 weeks.
I met the duty advisor for the first time on the day.....I think he was just busy with other appointments.
I REALLY need to see the exact terns of the Suspended possession.......

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Still do not have exact terms of SP order.
In the meantime am preparing a letter for the Council demanding that they settle the cost which I have incurred due to negligence.

[Ms Andrist]

Re: Suing the Council for wrongful prosecution.

Have just rung the County court as I STILL have not had had a letter of the precise determination. Have wasted 16 days on this only to be told ,that appeals have to be instigated within 21 days of the Court date (Mon 25th). I would need a Legal Aid Solictor to help me with this,....so I fear I am out of time!! I am informed that the letter is still to be sent out......