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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:
Irate · 09/06/2013 11:19

In the defence form sent by the court state that a valid NTQ was not issued, you can also make a claim for compensation because the LL did not protect your deposit in a registered scheme, could also go to court for disrepair go to CAB asap

somedayillbesaturdaynite · 09/06/2013 11:29

Try Shelter for advice, they will help

somedayillbesaturdaynite · 09/06/2013 11:31

ooops sorry for xpost Mouse. OP they will have advisers who are very clued up on Private tenancy law and illegal eviction. If you can't find what you need on their site do phone them.

Original poster
xabiuol · 09/06/2013 11:33

Irate thank you. I didn't realize that I could make the counterclaim on the defense form sent by the court. I just assumed that there would be a separate form that I would have to fill in.

notcitrus I have asked at the county court help desk and was told that they cannot give legal advice and that I should discuss with a solicitor. I might ask again though as sometimes you get a different answer with a different help desk helper.

OP posts:
Original poster
xabiuol · 09/06/2013 11:34

somedayillbesaturdaynite I think I will try Shelter. I had forgotten how good their telephone helpline is. :)

OP posts:
Irate · 09/06/2013 13:44

Sorry no you can't claim for compensation on defence you would have to make a new claim, an appointment with Cab would help or go on www.adviceguide.org.uk/

Irate · 09/06/2013 13:45

Shelter are brilliant too

Irate · 09/06/2013 14:12

www.adviceguide.org.uk/

Mendi · 09/06/2013 21:42

OP you're not coming across well on this thread. I think what most people are pointing out is simply that all theLL has to do is serve a valid s.21 notice and then your days in the property will be numbered. I'm a solicitor and if I were acting for the LL I would just tell him/her to serve a new notice and have done with it.

These are the hassles of renting. But you won't find a judge who'll refuse to enforce a valid s.21 notice so the best you can do is just delay things. You will inevitably be out within a few months.

lalalonglegs · 09/06/2013 21:55

Mendi I thought (and I'm no solicitor but was told this recently when I was evicting a tenant) that a judge won't enforce a S21 notice if the deposit hasn't been properly protected. I'm not challenging your advice, I'm just curious if this is the case (I had done everything correctly so it wasn't an issue for me, btw). I was also told that the court would need evidence that the S21 notice had been served correctly - at the very least, a tracking number from the post office to show that it had been delivered on or before the correct date.

ParsingFancy · 09/06/2013 21:57

Blimey. What's with all the people rocking up to put the boot in?

Nowhere has OP given the impression she isn't going to move out. She would it to happen legally, and would like her deposit back. Why is anyone upset by this?

If someone posted about their boss trying to bully them into resigning, ahead of redundancies, would you all be kindly informing her that she'd be out of a job eventually anyway so might as well leave now?

Original poster
xabiuol · 09/06/2013 23:32

ParsingFancy your post is a sight for sore eyes! Smile Thanks

OP posts:
Original poster
xabiuol · 09/06/2013 23:36

lalalongings I was also under the impression that the S21 is not valid if the deposit has not been protected and I am using this as my defense.

OP posts:
MidniteScribbler · 10/06/2013 05:51

You knowthat stomping your foot like a petulant child is not a valid legal defence?

Mendi · 10/06/2013 06:09

You're right lalalonglegs but the LL can rectify that by paying it into a scheme and serving a new s.21 notice.

ParsingFancy · 10/06/2013 08:49

Which is presumably the result the OP is after. Just a shame she's having to jump through hoops to force LL to do this.

Giving notice of eviction by shouting, or by text message is not a valid legal procedure either, Midnite. Notice on scrap of paper might be, but only if done correctly.

Why can't the LL just behave legally?

Why is anyone on here defending him? Any LL on this thread wouldn't behave like that, would you?

Also what on earth is wrong with asking him to make repairs? It hardly constitutes a breakdown in relationship, as suggested above. LL getting arsey and refusing to fulfil legal obligation to keep in good repair, then shouting eviction notice: that's a breakdown in relationship. But the person behaving badly is the LL, and the person suffering from it is the OP.

Changeasgoodas · 10/06/2013 08:57

Shelter are really helpful. Definitely call them.

Amateur Landlords are a blight on UK society.

MrsBucketxx · 10/06/2013 09:04

entitled tenants do make me laugh. you have been given notice,

please do the right thing and leave.

MrsBucketxx · 10/06/2013 09:05

if you want the right to stay in your home for as long as you wish buy a home,

bigkidsdidit · 10/06/2013 09:10

Gosh people are being unnecessarily rude on this thread!

OP phone shelter, they are fabulous. Our last landlord tried to withhold all the deposit for crap reasons and they were wonderful and we got it all back :)

MrsBucketxx · 10/06/2013 09:12

landlords arent all bad, my last tenant caused 6 grands of damage, and we still gave the deposit back cause I felt sorry for her.

FanjolinaJolie · 10/06/2013 09:16

How do you know the deposit has not been paid into a scheme?

Mintyy · 10/06/2013 09:22

Your posts are totally irrelevant on this thread MrsBucket.

MidniteScribbler · 10/06/2013 09:42

We don't know anything about the LLs side of the story. We don't know what repairs were asked for. I've had tenants get arsey because I wouldn't install a whole new kitchen ( was only 3 years old) and tenants that have tried to get me to change light bulbs for them. There are necessary repairs, requests and trying it on. We don't know anything about what has occurred. All we have seen is an OP that is determined to make trouble for the landlord and has become rude when she gets a response she doesn't like, so forgive me if I'm not surprised that the relationship between lndlord and tenant has broken down.

Queen0fFeckingEverything · 10/06/2013 09:53

Oh FGS.

OP - 'notice only' grounds for possession (ie S21) are invalid where the deposit hasn't been protected at the start of a tenancy.

From what I remember (have been through a court case over similar matter) if the deposit hasn't been put into a scheme within 30 days of the tenancy starting, the LL can ONLY serve an S21 after refunding the deposit in full to the tenant. Check this out as may have changed since 2007 but that was the case when I was researching it.

I cannot understand why people are telling the OP to suck it up and leave. Whilst she pays rent and has a tenancy for that house it is her home and she has the right to remain there until the tenancy is terminated legally. LL has not served notice, and in fact cannot legally serve notice as things stand.

OP - PM me if you want as I may be able to dig out my documents/details from my court case which could be helpful.