Judge asking for specific breach contract.

[Lotuseaters]

Hello and thank you in advance for any help. I temporarily left my rental accommodation during the covid lockdown last April. I still paid full rent and the landlord was aware it was temporary.
Without my knowledge or consent, the landlord moved builders in and did major work on the property.

A lot of my belongings were taken and never recovered. The landlord has refused to replace or compensate me and I have issued a claim in the county court. Could anyone please help me with the specifics of this. I will include a screenshot with details redacted.

Here

Trying again

1 = the legal basis of your claim. Were they responsible for your things?
2 = you must set out in detail the value of stuff you've lost - perhaps also a claim for rent paid when you could not live there as well?
3 = what are you asking the court to do? Damages?

You should really be taking legal advice.

Yes, thank you. I can’t afford legal advice, I was hoping that someone would specify the contract breached- the specific act. I think it would be trespass, quiet enjoyment and the interference of goods act 1977?

I have already supplied an itemised list with receipts.
I understood that the point of using the small claims court was the it was accessible for the average person to use without lawyers.

I have been given a short time to respond when apparently the judge requested this in February.

To clarify, I moved out due to covid lockdown, not so work could be done on my house. The landlord moved builders in without telling me and thinking he could get me to pay full rent and utilities used by the builders.

I was alerted by a neighbour that builders were in my house.

The contract breached was your rental agreement! You should have had quiet enjoyment as afforded by that.
What about pro Bono support from local law schools? O

Can Shelter or the Citizens Advice Bureau help?

Nelly- it’s fine to use that then I guess? I am going to write a proper response at the weekend, it’s a bit frustrating as only been given a short amount of time to respond despite the judge ordering this in February.
Thank you.

I tried them Rainbow, very nice advisors but couldn’t help with the contract law side. I thought small claims was meant to be for the layman to use without legal advice and employing lawyers. I am not sure how much legal depth I am meant to go in to with my response.

When you started the claim, how did you set it out? The Particulars of Claim refer to this. You're being asked to amend that document to include the information requested. If you Google 'Particulars of Claim' there are pictures of this type of document.

In theory, your amendments should be in red, actually amending the original document. But that depends whether the format you used to start with is able to be amended that way.

Do you have any home insurance? They sometimes have legal advice included in the policy.

Collaborate has already explained what is being asked above, but no, you can just say "my tenancy agreement", you need to explain which clauses have been breached, and how. Quiet enjoyment, if not actively stated in your contract, will be an implied term, so you can state that too. What you put as your particulars will depend on the facts and the specifics of the contract. As others have suggested, find a pro bond clinic or similar and take your tenancy agreement - no one on MN can give you the answers you want.

Here is a form N121 - used by landlords to get possession against a trespasser but still might give you a few pointers. assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/958337/n121-eng.pdf

@NoWordForFluffy

When you started the claim, how did you set it out? The Particulars of Claim refer to this. You're being asked to amend that document to include the information requested. If you Google 'Particulars of Claim' there are pictures of this type of document.

In theory, your amendments should be in red, actually amending the original document. But that depends whether the format you used to start with is able to be amended that way.

The claim was itemised as in each stolen possession was listed. I also have a video of the house with the inside full of builders. It was all sent electronically.

@FluffMagnet

Collaborate has already explained what is being asked above, but no, you can just say "my tenancy agreement", you need to explain which clauses have been breached, and how. Quiet enjoyment, if not actively stated in your contract, will be an implied term, so you can state that too. What you put as your particulars will depend on the facts and the specifics of the contract. As others have suggested, find a pro bond clinic or similar and take your tenancy agreement - no one on MN can give you the answers you want.

Maybe I haven’t been clear but my tenancy agreement will not be what I rely on. It’s full of unenforceable clauses.

What I was asking is- if your property is stolen/damaged by a landlord or his representative, under which breach of which act is this?

I think it is the interference of goods act 1977. Unfortunately with working, waiting lists for pro Bono and the very short timescale given by the courts (despite the order being given in February), my only option is to see if friendly strangers on the internet will help.

Having to seek legal advice for a system that is meant to be used without lawyers is not achievable for most people. It’s the timescale as much as the finances.

@Rainbowshine

Do you have any home insurance? They sometimes have legal advice included in the policy.

I do but they can’t assist in the next ten days, it needs to go to an assessor. I think the judge must have missed the part where I listed everything, the whole claim has been quite chaotically handled as there is a big backlog. I will write it out again and do my best with the contract law. It’s no wonder people are put off using the small claims court though, it hasn’t been easy. My rent was refunded but the landlord refuses to replace my possessions.

No, sorry, I meant in what format did you produce your Particulars? Have you looked at the document online to see the standard format? Or was it all done on a form online?

You're being asked to amend that document.

I didn’t mean I would just type ‘my tenancy agreement’

@NoWordForFluffy

No, sorry, I meant in what format did you produce your Particulars? Have you looked at the document online to see the standard format? Or was it all done on a form online?

You're being asked to amend that document.

Ah thank you, yes it was done online on a form, no copy sent, just acknowledgement of service. I have been given an email address to send it to. I don’t think I am unusually stupid (maybe I am) but it’s not very clear.

www.facebook.com/groups/tenancymatters/?ref=share

Go to this group. They will be able to help.

@ThisMustBeMyDream thank you

Do you have access to the document online? And a printer? I don't use SCOL, so don't know how it works; I draft my PoCs in Word!

@NoWordForFluffy

Do you have access to the document online? And a printer? I don't use SCOL, so don't know how it works; I draft my PoCs in Word!

Yes, thank you, really appreciate your help. Reading through all the documents, I think the judge has misunderstood and thinks that it’s about deposits, rent etc. Also two very different estimates of hearing time. It’s quite an unusual situation I think so I can understand the confusion. I am going to submit the amended version and be absolutely clear and concise.

That's good! Good luck.

BTW it's the Torts (Interference With Goods) Act 1977