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?

Actually she rented out that property for at least 5 years before we moved into it. Could see by grow lines on wall of previous tenants DC. Did absolutely no maintenance in that time either.

We repainted the whole house at our own cost (magnolia of course) within a week of moving in as previous tenant tried to touch up marks on walls with silk paint instead on matt and it looked like someone had smeared massive greasy marks all over every wall including most of the lounge. Landlord would not do it despite it not being like that at viewing before previous tenants moved out.

Bit confused how you painted it, throughout, when invasive works were being carried out as soon as you moved in, as stated up thread? Not being provocative, but honestly think you need to manage your expectations re your 6 month rental fees being refunded? I'm pretty sure any judge will ask why a sec 21 was served, if this property was so unsuitable? Why, if these problems were so apparent, would you paint it (ie invest), and want to stay? Doesn't make sense...

It’s quite simple we painted before the first leak (10 days after moving in), letting agent said property was long term and available for two years as we checked before signing, we assumed repair work would be completed (landlord sent contractors who advised it, we didn’t ask for it, and we had emails from letting agent saying it would be done) and who wants to move with two disabled DC within a few months, after the stress of only just moving in? I mean seriously!

We put up with all that disruption only to get kicked out when we made a complaint due to work not being completed. We just wanted it be completed and to be left in peace.

Section 21 was served due to putting in a complaint. Landlord stated in defence she wanted to sell. Property is now on Rightmove to rent again at a higher price.

Rent never late. Contractors always commented on how clean the property was compared to other rentals they worked in. One said it was a like a palace so no issues with keeping it in a good state.

I wasn't going to comment on the thread, but just read the following two comments from OP so wanted to comment:

"When I told the letting agent we could move out within a few weeks as we needed a landlord reference, they relayed that the landlord had said she would be putting in the reference that I was taking legal action against her obviously to try to scupper us being accepted! I mean why would you do that if you wanted us out! Looks like SHE wanted to drag us through court and leave us homeless!
New landlord was happy to accept with just evidence rent had been paid on time so we went ahead."

If a prospective LL asks your current LL for a reference, the LL must be truthful, otherwise, the new LL can take them to court. So stating the legal action was not to try to scupper you getting another property, it's to ensure she isn't sued.

"Letting agent gave us back full deposit as house was left absolutely pristine (better than we found it) and I warned we had full video evidence. Quite unusual as they are known for making up claims to retain it."

Deposit schemes require evidence for all deductions. I'm not sure who you are referring to by "they are known", the agent? Landlords? All claims against deposits are rigorously checked by the deposit schemes, and it's unusual to get full costs covered for claims, it's usually only a partial cost that is awarded. It's highly advised for LLs to take before and after photos of the property for the inventory, for photographic evidence to support any claims.

For full disclosure, I'm a LL myself, I'm not disputing the experience you endured or anything, but I do feel your crusade is making you come across that you think many things are against you that really aren't, such as the two points above.

I appreciate your reply but disclosure of legal issues AGAINST the landlord are not generally requested in a landlord reference according to Shelter and it has nothing to do with being truthful as it will not have been asked. Shelter were clear she was trying to make us ‘unrentable’ which is absolutely disgusting seeing as we’d done nothing wrong, had totally adhered to our responsibilities of the tenancy agreement,,and she wanted to make a family with two disabled young people in it, completely homeless!

My older DC had recent experience with a letting agent trying to retain £1600 out if a £1800 deposit due to cleaning costs as they claimed the kitchen was filthy, repainting required throughout due to marks and carpet replacement for a small stain together with a few things like curtain blind pulls broken and a single coat rack hook being broken (£30 for a whole new rack). We knew the property has been left pristine as we helped make sure it was. No stain on carpet at all, carpets were cleaned. paint was touched up. Luckily we had video which took in every corner of the flat and she had to agree on £30 for the coat rack, as that was the only true damage in the end, but that was outright lies and attempted theft IMO. Totally shocking to see such blatant lying!

Letting agent from the last house had loads of reviews stating similar experiences which I only saw when I checked after I was told that water damage to my workstation which was caught by the massive bathroom leak should be claimed from
my own insurance so I’d have to pay the excess and increase premium, that’s why I told DD to take video rather than just photos and we did the same.

May not be your experience but certainly more common than not.

You really need to seperate the emotions and the facts. If you can’t do that you should not be representing yourself. Get legal help.

As would I

I couldn't be arsed.

Hope the money helps with your emotional distress

Absolutely concur! @JustWowseryou're conveying you've lost all objectivity. I hope you have friends IRL, to support you, genuinely 🙏🏼

I sued my LL (and won) after I repeatedly told them about a dodgy loft ladder that needed fixing, they didn't, it broke with me at the top of it and I fractured my spine.

They then evicted us under no fault eviction, said we'd 're wired the house' (I can't even change a light bulb 😂

Posted too soon.
They made up all sorts of crap to paint themselves as the victim.
Thankfully they must have had a good solicitor because they settled before it went to court and I'm currently sitting in the house I was able to buy and never deal with LL's again.

She'll be on the back foot if the LL decides to lawyer up the day before the case is called.

She's much more likely to see the LL keel over and settle if it's clear she has a solicitor, thus avoiding court.

Her likelihood of winning increases significantly if she has a solicitor. Does she want to win or does she want to face the LL in court and engage in a pitiful 'I'm stressed' / 'I'm more stressed' /'Ner ner' slugfest?

She's far too emotionally invested in this and far too caught up in her own hubris (fighting the good fight against Landlords) to come across as anything but a vengeful nightmare of a tenant with an axe to grind against this landlord and landlords in general.

There are solicitors who work for a flat fee.

Disclaimer - I am a renter myself and have never been a landlord.

The landlord can get a solicitor if they want. They will be in the same situation as op with costs, and these can't be claimed back in a small claims court. This isnt the wagatha trial. Its housing related...🤣 shelter will talk her through it for free. There wont be any solicitor who works for a flat fee where the cost is so low its much lower then the claim but If you know of such a solicitor then by all pass their details on to op!! Op can ask for 6 months rent back. Its not likely she will get it.

The problem is for every bellend landlord there are a dozen landlords who do treat their tenants properly, who do make sure a house is fit to live in before renting it. And who do treat their rental as a business and follow all the legislation

Unfortunately it is these landlords who are giving up their btl businesses and evicting their tenants and turning their properties into short term lets or selling them to the very people that successive governments have said they brought in the legislation to prevent tenants becoming a victim of

Slum landlords and the landlords like this woman who take no notice of any legislation the government brings in carry on regardless and it is only going to get worse.

I think courts can distinguish between accounts of stress induced fear and accusations. I imagine it’s natural to have a stress response to being sued. Have you tried mediation? Have you got your deposit back?

Since this is an old thread that has been bumped then it's pretty obvious nothing came of it.

*Quoted the wrong one

And that she’s ill informed enough to think a court gives a fuck about them