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Original poster

counterclaim (Tenant)

66 replies

xabiuol · 07/06/2013 20:12

Does any one have any experience of making a counterclaim?

We have just received an N5 (Claim form for possession of property) from our LL. We are putting in a defense as we think that the LL has failed to serve a correct S21 notice.

We also want to make a counterclaim for non-payment of our deposit into a deposit scheme but cannot find any info about how we go about doing this and which forms to fill in etc. I know this is a fairly specialist area of law but if anyone has had experience of doing this I would be grateful for any tips! Smile

OP posts:
Roshbegosh · 08/06/2013 05:21

You will have to leave in the end, why don't you get on with it?
You must get legal aid obviously.

Original poster
xabiuol · 09/06/2013 09:04

Er because we don't want to leave. LL is a bully and is evicting soley because we complained about disrepair and we are not going to be intimidated out of our home. We don't get legal aid as we have both savings and employment, and that is why I am asking the question on here, otherwise I would ask my solicitor wouldn't I?

OP posts:
Original poster
xabiuol · 09/06/2013 09:06

solely

OP posts:
Pendipidy · 09/06/2013 09:07

Yes but its his house and in the end you Will have to leave. Why put yourself through the stress? You Will gain nothing but a bit more stressful time in the house and then you Will have to leave anyway if he wants you out.

MousyMouse · 09/06/2013 09:10

have you had a look at e shelter website? they are brilliant with stuff like this.

SoupDragon · 09/06/2013 09:11

You will have to leave, you can only delay it.

The deposit scheme thing has the potential for a financial benefit though doesn't it? I can see why you would want to pursue that.

Cosmosim · 09/06/2013 09:12

Assuming it's in UK...With all due respect, the LL doesn't need to give you a reason, it's just a matter of following correct procedures. So his reason (and whether you feel it is fair or not) isn't relevant.

Original poster
xabiuol · 09/06/2013 09:29

Blimey, I can see I've posted on the wrong site!

The whole point is, I do not have to leave my home just because a LL tells me to. This is my home and I am legally entitled to stay here until LL gives a valid notice to quit which so far LL has failed to do. Why would I just leave when I don't have to? Would you leave your home just because someone told you to?
Pendipidy The fact that LL owns the property is irrelevant as it has been rented to me. Also I am not at all stressed.
Cosmosim In the UK LL does not have to give a reason if they want a tenant to leave but they do have to serve a valid notice.
There is a financial benefit to the "deposit thing" SoupDragon which will be entirely lost when I do have to move and pay moving costs. LL has cost me financially by failing to deal with disrepair so I feel perfectly entitled to any money I can recover from the courts.

Anyway all this is irrelevant as I just wanted to hear from someone who had experience of making a counterclaim and thank you Mousymouse I will check out shelter Smile

.

OP posts:
SoupDragon · 09/06/2013 09:48

Would you leave your home just because someone told you to?

No, because I own it.

You do have to leave if the LL gives you valid notice. This notice may not be valid but you will have to leave if he wants you out and issues the valid notice. It is just a matter of when.

Original poster
xabiuol · 09/06/2013 09:55

Which is exactly what I have said SD. My LL has issued various notices, one written on a scrap of paper, one sent by text, one just shouting at me verbally. The notices are improving each time but as yet they have come nowhere near to being VALID. I have as much right to live in my rented property as you do in your owned one until such time as I am given a valid notice and I have no intention of moving out until that happens.

OP posts:
ninjanurse · 09/06/2013 10:07

I do believe if they have not put your deposit in a scheme they cannot serve a s21 notice. but do ring Shelter, they are very helpful.

SoupDragon · 09/06/2013 10:08

Actually, you said you don't want to leave. Which is a shame but ultimately isn't going to happen. IMO you would be wasting money getting a solicitor to deal with that aspect. You are going to have to move.

The deposit is another matter.

Original poster
xabiuol · 09/06/2013 10:13

Thank you ninjanurse you are right, and this is the basis on which we are defending the LLs claim Smile I really just wanted to know about how I go about making the counterclaim for non-protection of deposit.

OP posts:
Looster · 09/06/2013 10:20

If the deposit is of significant enough value, get proper legal advice. Does your contents insurance include legal advice? If not of significant enough value / no legal cover, speak to citizens advice.

Original poster
xabiuol · 09/06/2013 10:26

SoupDragon I don't want to leave at the moment. And I do know I am going to have to move eventually, I am not stupid. I actually don't want to live here indefinitely. But in the mean time I am not going to be forced out of my home at an inconvenient time by some twat of a LL who uses bullying techniques rather than legal procedure to intimidate tenants into leaving when they do not want to. It is a bit odd that even though I have told you that I am legally entitled to stay (because LL has failed to serve a correct notice) and I do not wish to leave at the moment, you think I should leave now anyway purely because I will have to eventually Confused. Weird thinking!

OP posts:
LIZS · 09/06/2013 10:27

You don't want to leave but complain about disrepair and ll - sorry I don't understand , why put yourself in a position where relations have broken down. If deposit isn't in a scheme you can claim , possibly via small claims - contact Shelter or CAB for advice. However under an AST you can be asked to leave , through proper channels, at usually 2 months' notice form ll or one from you . I'm not sure the two things are necessarily related. Are you up to date with rent ?

Original poster
xabiuol · 09/06/2013 10:32

Thank you Looster our deposit is not really significant enough to go the solicitor route. We do not have contents insurance and we have had a quote from a solicitor and the fee is too scary. CAB are excellent but they cannot help with this level of enquiry and just point you back in the direction of a solicitor :/

OP posts:
Original poster
xabiuol · 09/06/2013 10:37

FFS yes LIZS I know that "under an AST you can be asked to leave , through proper channels, at usually 2 months' notice" but (once again) this has not happened yet! I just don't want the upheaval of moving ATM. Am I not now allowed to complain about disrepairs?

OP posts:
clam · 09/06/2013 10:43

Was going to post some helpful advice on here, but OP is being far too arsey and unpleasant so not going to bother.
Sympathies to the LL!

LIZS · 09/06/2013 10:43

You are correct in saying S21 not valid if deposit not held in a scheme at the time of issue. here. If the N5 is from a court write to the clerk and query its validity. However by the sounds of it you may have already stayed past the original date for this to be required. The problem is that even if you counterclaim he could make things very awkward in the meantime.

LIZS · 09/06/2013 10:45

Hmm Sha'n't bother with advice if you are going to swear at me . Maybe the ll has reason to be difficult if you take this line with him over repairs .

WeAreEternal · 09/06/2013 10:50

Had your landlord issued you with written notice?

Original poster
xabiuol · 09/06/2013 10:54

"Was going to post some helpful advice on here, but OP is being far too arsey and unpleasant so not going to bother.
Sympathies to the LL!"

Er so my original question was asking if anyone had any experience of making a counterclaim and most of the replies have just told me that I should just move out. How is this at all helpful? I don't have to move out, I don't want to move out and this opinion has nothing whatsoever to do with my OP.

You can sympathize with the LL all you like, but the fact is that they are stuck with me until they bother to educate themselves about how to serve a valid S21 notice. It's not rocket science after all!

Thank you LIZS I was unaware that you could query the validity of the S21 notice with the court clerk. At what point is it too late to do this?

OP posts:
Original poster
xabiuol · 09/06/2013 10:56

Sorry LIZS just every keeps telling me I should just move out when I know I don't have to at this point and it just got to me. Apologies.

OP posts:
notcitrus · 09/06/2013 11:09

Phone the county court and ask - they are often very helpful.
If you look up the Deposit Protection Scheme website that also has useful FAQs.