Section 21 Eviction Defence

Section * eviction defence

can you help me build a strong case based on the info I provided to the court with my N244 form

yes, i was never served any cour proceedings paperwork, especially considering that landords solicitors at all times every correspondence is also emailed and posted, but court papers were never emailed nor delivered to me, which they claim it was sent. Also, i was served with the notice on * december *, when tenancy agreement renewal is effective from * july * for 12 months with landlords break clause allowing to terminate after 6 months by serving minimum 2 months notice, which possibly may be premature. However main argument is that landlord owns min * flats in * blocks of flats in which * i am living past *.5 years without any complaints or any rent arrears ever, but questioned landlords billing procedures for alll utilities which he directly controls for each flat which turned out to be hugely overinflated while landlord claims he is not obliged to justify any charges for metering services, which were added and therefore makes up for any discrepencies in addition to sudden issuance of * parking tickets £* each for parking in the assigned upon move in parking space, while delliberetely excluding it from renewal agreement on the grounds of requiring to seprate the payments from the rent without ever prociding further details and starting to issue all these tickets within * motnhs starting exactly from the issuance of section * which in the end i had to report to police, * march *, for harrasmenet and intimidation to vacate. I have now hearing booked for application to suspend in few days and need help building my defence case to present my claims clearly to the judge

My statement in N244 form reads as follows - please suggest approriate preparation to the hearing stucture and how i should present my arguments to win the case (i need to win more time at my home to allow mortgage application timeframes):- As outlined in my initial emails to Leicester County Court, where I attempted to seek further guidance on the case and prompt its review, dated 25th & 27th June *, I will be relying in defending my claim on documented supporting evidence of (continued on a separate sheet): *. Potentially invalid Section * notice, dated 13th December *, was served seemingly prematurely, within the initial six-month term of my renewed tenancy agreement commencing on 26th July *, which could be a direct violation of the 'Landlord's Break Clause' in my contract, that requires a minimum of six months before the landlord can terminate the agreement. The early service of the notice may have compromised its validity. *. Retaliatory eviction as I believe this eviction may be a direct retaliation to my raised concerns about extortionate utility charges controlled directly by the landlord and applied to each flat unit separately. The issue became prolonged due to the landlord's unclear provision of information during this entire period since I initially raised my concerns prior to the renewal of my current tenancy agreement in February *. Following my request to be provided with official supplier bills, dated 5th May *, the landlord initially provided a self-generated bill, dated 10th May *, claiming himself to be the official energy provider, for the period of 1st January * to 27th April *, indicating a total cost of £*,*.* for all used utilities (gas, electricity and water) for the full year of *. However, after a lengthy delays and numerous requests, the landlord finally provided the actual invoices from the energy suppliers, dated 25th September *, for the same period as per my initial claim, revealing that the total cost was significantly lower, at £*.*, and thereby, indicating, that according to the information made available to me, I potentially have overpaid by £*.* for * alone, excluding any other remaining periods of my *.5 years of occupancy of the premises. This substantial discrepancy possibly suggests a pattern of overcharging, which could potentially affect the minimum of * other tenants residing in the four blocks of flats on this estate. In response to my claim for this overpayment, the landlord, through their solicitors (Howes Percival LLP), in their final communication with me concerning any matters at all, until forwarding by email the recently granted order for possession, provided invoices, by email dated 6th March *, allegedly from an independent metering service provider (Company name: BGS - Brayden Gas Services) for maintenance works totalling approximately £*,*.* for * alone in an attempt to justify the discovered discrepancy. However, besides their concerningly high value, these invoices also lack crucial company identification information, such as a full postcode, contain grammatical errors, and offer no description of the exact work completed nor any justification for the tenants' liability for such charges. Understandably, this has raised serious doubts about the legitimacy of these invoices and the landlord's attempts to justify the discrepancies in the utility charges, while also suggesting potential violations of the Resale of Gas and Electricity (Maximum Resale Price) Order * by the landlord. Since addressing these concerns, I have been subjected to harassment and intimidation tactics. It all began with the initial service of a Section * notice on 13th April *, which was later revoked due to its questionable validity based on its sudden issuance. Nevertheless, following a pre-arranged gas inspection visit on 10th December *, I then was served with another - current - Section * notice, dated 13th December *, which I discovered in the communal hallways along with the initial first * parking tickets, without any sign of postage, yet each of * envelopes addressed directly to my name by handwriting, which was unexpected with extremely worrying intent. This suggests that these actions were pre-planned and intended to intimidate me, as in the following weeks, I received an additional * parking tickets, through various methods of delivery, from bunches of envelopes, each addressed by handwriting to my name, being dropped off in the hallway, to then directly outside my flat door, to then being either emailed or stuck to my windscreen daily, totalling the issuance of * unwarranted parking tickets, worth £* each, within two months, all for using my designated parking space, allocated to me upon my moving in on 26th March *,and which is priced at £* per month, in addition to the rent payments. It is worth noting, that the landlord decided at his discretion to have the parking clause removed and the payments separated from the rent following the start of the new renewal agreement, effective from 26th July *, while, in the meantime, failed to provide the details of where the separate-to-rent monthly payments for parking should be made. I have also been subjected to false accusations about my driving, a refusal by the landlord to provide CCTV footage after my vehicle was damaged and the later attempt of denial of a parking permit altogether, despite having paid the required monthly fees. As a result, I reported these incidents to the police (Crime Ref. *), email *.*.*. *. Denial of Fair Proceedings with Accelerated Possession Procedure as I was not informed in any way of any court proceedings against me until I discovered the Order for Possession by chance on 22nd June *, which was granted on 11th June * (Claim No. L00LE489) without a hearing, refusing me the right to present my defence claim. Despite my attempts to seek clarification from the court directly, as per emails dated 25th & 27th June *, I received no response back, hindering further my ability to respond appropriately. The use of an accelerated possession procedure further deprived me of the chance to defend my case. Subsequently, this rapid process appears to be extremely disproportionate, given my good standing as a tenant for *.5 years with no history of rent arrears or complaints. *. The Impact of the Eviction on my personal circumstances, such current housing situation as I am currently facing imminent eviction from my home, which has been my residence for over three years. The abrupt nature of this situation is leaving me with very limited time to find suitable alternative accommodation, considering that I am in the process of securing a mortgage to purchase my first home. However, the scheduled eviction date of 8th August * coincides with the earliest possible timeline for my mortgage application as due to several currently restricting factors, I am unable to initiate the mortgage application process with any lenders until the first week of August *. Therefore, losing my home now, given that while at no fault of mine, inevitably, would still cause significant financial implications, which would most likely lead to compromising my altogether ability to secure a mortgage in the foreseeable future and achieve my long-term goal of homeownership. Nevertheless, the short notice of eviction and the lack of a landlord reference, due to having no trust with my current landlord, is also severely limiting my options for finding alternative housing. I hope the court to consider the challenging nature of the sudden need to secure a short-term tenancy, without entering into another *-month contract, especially without a reference from my previous (current) landlord. This situation has placed me in an uncertain and very worrying position, with the risk of homelessness forthcoming if the eviction is enforced. *. Additional Supporting Documentation as I have attached a comprehensive list of supporting documents as evidence to verify my claims, which upon request can be extended further, including: • Tenancy Agreement (with break clause) (Revision No. *) • Section * Notices (dated 13th April * and 13th December *) • Order for Possession (Claim No. L00LE489) • Email correspondence to the court (dated 25th & 27th June *) • The latest email correspondence from the landlord's solicitors (Howes Percival LLP) (dated 6th March *) • Email to the Police (Crime Reference Number *) (dated 9th March *) • Timeline tracker of parking charge notices (PCNs) (dated 9th March *) including an example of * of * received parking tickets (dated 8th January *) • Utility overpayment claim submitted to the landlord (dated 29th January *) • Other supporting documents for the utility overpayment claim, such as Request for the official Suppliers Bills (dated 5th May *) including the initial landlord’s self- generated bills (dated 10th May *) • The questionable invoices provided by the landlord from “BGS (Brayden Gas Services)” (dated 6th March *) • Timeline tracker of exchanged communications between myself and the landlord from 20th January * to 19th January * (dated 23rd January *) • Correspondence regarding the parking permit and associated fees (dated 25th & 30th January *) I trust in confidence that a thorough review of the outlined comprehensive evidence will reveal the retaliatory nature of this eviction, the procedural unfairness I have faced and the potential regulatory violations by the landlord regarding excessive utility charges and questionable billing practices.

Can you walk me through step by step how to achieve effectively your proposed structure listing exactly how i should present in what format etc. I would like to add king's recent speech and public intrest in prtecting tenants exactly in situation like mine where are at risk of made homeles att no fault of mine while landlord has not been reasonable nor provided reasonable explanation foor seeking evicition

Am i right and actually have a strong case here or am i trying to fight a lost battle and indeed will most likely need to move out by the set eviction date currently on * august * despite all my raised arguments considering Section * gives landlord ability to evict me for no reason therefore court will consider paperwork received regradless and i'll be just a laughing stock for the day? Note that the urgent court hearing is booked for *.30pm and advertised closing time for court is 4pm every weekday

my landlord's solicitors responded to my application as per below, please advise on the strength on their arguments and whether i should respond and what im best to respond to them if so:- Dear Madam Our Client: Brayden Kane Limited Flat * Kane Block, Burgess Road, Leicester, LE2 8QL As you are aware, we act for Brayden Kane Limited (“our client”). The court has provided us with your application dated * July * (“the Application”). Having reviewed the same, we note you have asked the court to set aside the Possession Order made on * June * (“the Possession Order”) and suspend any enforcement action. In respect of the points raised in your Application, we are instructed as follows (we have adopted the same numbering for ease): *. The Landlord’s Break Clause (as set out in the AST dated * July *) confirms “the Landlord has the right to terminate the Term after the first 6 months by giving the Tenant not less than 2 months prior notice in writing to end the Agreement”. Meaning, our client is entitled to serve a S.* Notice within the initial *-month term provided they give 2 months written notice and the same does not terminate the tenancy before the expiry of 6 months. The S.* Notice was served on * December * (“the S.* Notice”) and expired (therefore terminating the tenancy) on * February *, this is some 6 months and 26 days into the term. Therefore, the S.* Notice was validly served in time and in accordance with the Break Clause. *. This is not a retaliatory eviction. Our client provided you with information relating to utility and metering charges on * September * and * March *. Despite the Resale of Gas and Electricity Guidance for Resellers not requiring our client to provide you with metering charges. Further, we are instructed that, prior to your renewal, our client informed you that permits would be required to park in their car park from March *. Our client also contacted you on * May *, to ask whether you required a parking permit. You did not respond or take them up on this and signed the renewal tenancy, which expressly confirms parking was not included (at page *). Our client also emailed you on * September * to remind you of the parking terms. Your allegation that our client or its agents have caused damage to your vehicle is denied in its entirety. * *-*-*, v. * In any event, S.* of the Deregulation Act * clearly sets out that retaliatory evictions relate to complaints about disrepair only (and not requests for information concerning utilities or parking charges). We are instructed that you have raised no complaints concerning disrepair / condition and, as such, this is not a retaliatory eviction for the purpose of S.*. *. The court has confirmed it served the proceedings on you on * April * (see enclosed Notice of Issue). Therefore, as far as our client is concerned, you were properly served. Further, the use of the accelerated possession route is appropriate in the circumstances as our client is entitled to rely on the same, having served a valid S.* Notice. *. Requiring more time to vacate a property is not in itself a defence to possession proceedings. The procedure set out in S.* of the Housing Act * is a mandatory one. Where there is no dispute over the validity of a S.* Notice, the court is obliged to make a Possession Order (which they have done here). Whilst we appreciate the Possession Order in this case was made in the absence of any defence from you, it is our client’s position that the court properly served proceedings on you and, in any event, even if you had filed a defence, the court was obliged to grant a Possession Order as our client has served a valid S.* Notice. We note that the Application is listed for a hearing on * July * (see enclosed Notice of Hearing) and, to avoid the time and costs of the same, our client has confirmed it is willing to give you until * August * to vacate the Property (provided you pay their costs incurred in considering your Application within 14 days, which currently stand at £* plus VAT). Please let us know if this is agreeable and, if so, we can prepare a consent order to be filed at court. For the avoidance of doubt, if the hearing goes ahead, our client will seek its costs in responding to your Application and attending the hearing. We urge you to be cautious of this as understand you are currently trying to secure a mortgage and a failure to pay any money judgment within 14 days could affect your credit score. We look forward to hearing from you. If you have not done so already, we recommend you obtain independent legal advice. Yours faithfully