To be shocked at landlord’s allegations about me

[JustWowser]

I am currently suing my previous landlord for very good reason.

She is defending the claim. Part of my claim is for emotional distress and stress which is clearly evidenced.

Got her defence this morning and it is pretty ridiculous but at the end she has stated the great stress she has been under since I was given her address (letting refused at first until I informed them if the law), that she has chest pains, couldn’t work and had to go to her GP for stress.

She also stated that she has had nightmares that I would burn her house down while her children were in it.

This has shaken me tbh, that someone would say this about me. I’m a regular Mum, never made any threats or abuse to her. It is a shocking thing to say.

What do you think the court is going to think of this?

Sounds like she's saying she had nightmares rather than you said you'd burn her house down?

Just to clarify, I needed her address to take legal action. Address on tenancy agreement was care of letting agent. By law tenant has to be given address of landlord if requested. Letting agent refused for 3 months, until they finally gave me it after I quoted that law.

Yes but what does that convey?

TBH if I was in charge of the court I'd think you were both being histrionic and ridiculous with all these silly claims of suing each other for stress etc.

Of course you needed her address. That's how you do a money claim.
She's just trying it on, don't worry about it. How much are you claiming and why?

How rude!

You don’t even know the reason I’m suing her. It was not for stress but that was an outcome and makes up part of the claim.

She is using stress as a defence.

Why did the whole thing turn stressful. You both sound a bit over the top to say the least.

Courts will have seen this before . I would not waste anlotnof energy on it. Unless she has documented proof of this as in direct result of the court case. I doubt it will get much notice.

She can’t help how she feels. She may be exaggerating. Or she may feel like this.

But if that’s how she feels do you expect her not to express her feelings?

What exactly are you supposed to have done?

Yanbu. Even though she has been clever enough to word it so she's not directly accusing you of threatening behaviour the implication is clearly there isn't it?

Surprised at some of these responses - why the heck would you genuinely feel like someone who is suing you is going to burn your house down with your children in it? The general stress and chest pains etc I get. Not being able to sleep and worrying about the financial implications, sure. But that bit is clearly thrown in there to try and imply a threat that apparently isn't there.

It conveys guilt to me, but I’ve only heard your side!

She has no evidence that you have threatened her, so all the courts will see is that she doesn’t respond well to having to answer to a court. Lots of people don’t. It’s common to be stressed by court proceeding whether you are at fault or the injured party. It’s not going to make a difference to her liability or the amount of any settlement.

This is all very stressful for both of you. Isn't there a mediation service for this sort of thing? In your OP you appear to be saying it's fine for you to be stressed, but not fine for her to be stressed. Is that your stance?

It doesn't make up part of a claim though nor any counterclaim.

Are you representing yourself?

I would urge caution to both of you, as in these sort of cases, in general the only winners are the well paid solicitors…

Are you in the UK? What's the substantive bit of your claim that isn't about stress?

What is it you're actually suing her for?
Presuming you have evidence to corroborate your story then just counteract the accusations she makes about you with proof.

You have never threatened her with harm or with burning down her house, so the things she says in that regard will carry little or no weight. She's entitled to say the process has been stressful and upsetting for her, as I'm sure it has.

The claim is for breach of contract and breach of landlord legislation causing us to have contractors in and out of the property for 6 months (lack of peaceful enjoyment, I WFH) out of an 8 month tenancy because she kept doing bodgejobs and loss of amenities included in the tenancy. and also a pest infestation caused by lack of maintenance and major repairs that there is evidence were known about before the start of the tenancy.

She refused to offer a reasonable compensation (1 months rent) so I’m suing her for the whole 6 months.

She also evicted us for absolutely no reason 8 months into a supposed long term tenancy because I made a formal complaint to the letting agent and got Environmental Heath involved. House is now advertised at a higher rent.

I had considered taking legal action months ago but decided to leave it as didn’t want to give her a reason to kick us out but she did anyway so I had nothing to lose!

have two DC with disabilities, including Autism and mental heath issues (at home all day so massively stressed by constant people in and out and 8 weeks of prolonged building work in his safe space!) and it was an absolute nightmare from 10 days after moving in when the ceiling almost caved in from a massive leak that was easily preventable given the information I found out later.

Representing myself, not that stupid! So is she.

I just can’t get over writing down such a sick thought about someone in a legal document that has absolutely no basis in reality to get sympathy!

You’ve posted about this before? You were advised then that you could only sue for actual loss so wouldn’t get the whole six months and you would likely damage the credibility of your claim if you did?

You can't really blame her for saying what she can (and who's to say it isn't true) in order to get sympathy and help with her case.

The courts are used to it and can generally work through what's real and what's hyperbole.

It conveys that she is grasping at straws.

She can't prove 'nightmares' or anything else she has stated in her response. Dragging her children into this is a sure sign of trying it on.

Don't take any of this personally. You are suing her and her allegatiins are only to be expected. Trust your legal representative to represent you and trust hers to represent her. The judge will recognise BS for what it is.

For your part, you'll need to be able to prove whatever stress or emotional distress you've claimed. Do you have a paper trail? Evidence from doctor visits?

You need to hire a solicitor, OP.

Representing yourself is stupid.

If you hire a solicitor shell probably start talking settlement.