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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Can you advise re Possession and: Housing Act section 12

Customer Question

Can you advise re
Possession and: Housing Act section 12
the order was obtained by misrepresentation or concealment of material facts, ...
Landlord seeking possession and acceleration, omits it is in middle of court case and directions ordered for join EH expert to assess and feed back to court.
also ommits that he has retained my property, damaged it and locked me out.
It has been recognised today by a judge that for possession to be successful may mean destruction of evidence for the case.
but leaves me and landlord to sort out repossession as separate court case
Please advise re counter argument of the possession order was obtained by misrepresentation or concealment of material facts, ...
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you.
Alex Watts : Are you saying the matter has been given directions for a final hearing?
Customer:

Has been given directions for a joint appointed environmental heal th expert to inspect the property and feedback to the court. Landlord issued eviction section 21, the accelerated. I asked accelerated to suspend until after latest hearing, yesterday. Where senior judge said it would becagainst the interests of the case for the property to be handed over as vital evidence would be eliminated or affected.

Customer:

The landlord did not mention it was part of court case or that vital evidence with an order by the court for inspection when applying for acceleration (or that i cannot remove my property. )

Customer:

I read that Housing Act section 12 says if landlord has ommited information on possession order that it is null and he is liable for paying damages for affect on tenant.

Customer:

The order was also not processed or delivered right as g

Customer:

As had no accompanying documents of the notice or tenancy agreement.

Alex Watts : But has possession been given?
Customer:

No possession has not been given. I sent in a defence within 14 days to the acceleration explaining it was in middle of court case, court direction, order for appointed joint EH expert and trapped withheld property, and gave next date for the "disrepair and harassment case) which was yesterday. waiting for directions from there.

Customer:

Yesterday the judge said that it was deemed that possession of the property by landlord and removal and tampering with property and accommodation would affect tampering with evidence vital for the case and fair hearing.

Alex Watts : Ao there is a separate court case ongoing ?
Customer:

The landlord still on coming out of trial said he would still be going for the acceleration asap and would be destroying my property and evidence.

Customer:

The judge yesterday was a bit slow, it is a very difficult case over several years. But he may take a few weeks to compile written directions and send it to myself and defendant.

Customer:

I asked acceleration to suspend the acceleration awaiting yesterday's hearing, landlord is jumping over judge's concern and direction yesterday.

Customer:

I wonder if I should be getting in contact with the acceleration court, informing them of the judge's direction and also that landlord has ommitted information in his application contrary to Housing Act 1988 section 12.

Alex Watts : Do you have 2 cases or one ongoing?
Customer:

Yes, but tied up. Landlord trying to evict during disrepair and harassment case while case has directed for expert investigations of flat.

Customer:

I am now able to apply for legal aid as judge accepted that it comes under Equalities. but will take a few weeks to get a solicitor. YiHaa, but at least I can now get one. and a disability rights barrister in london - top wack - says they are happy to work if I get a solicitor to direct them.

Alex Watts : Ok. You have 2 cases, one for disrepair and one for possession.
Alex Watts : What would you like to know today?
Customer:

The landlord is trying to accelerate eviction contrary to court directions and interests of the trial.

Customer:

what can I do?

Customer:

I have informed acceleration court that it is in middle of court case and intentionally undermining court directions

Customer:

landlord applied for acceleration without including all the information on it.

Customer:

Housing Act section 12 says:

Customer:

POSSESSION:

Customer:

Misrepresentation. Where possession is ordered on any ground and it cna be shown that the court order was obtained from misrepresentation or concealment, the landlord can be ordered to compensate the tenant (1988 Housing Act section 12)

Customer:

Accelerated. cannot be used when landlord is making other claims in proceedings

Customer:

So how do I use this at this point to prevent eviction? and point out to acceleration court he is undermining court case and directions in another by doing so?

Alex Watts : You have written to the court. Was this with your defence?
Customer:

Yes. I put in it is in middle of court case. the property is under directions from that court case (including copy of directions for a EH expert assessment. Put in withholding of property and no agreement to compensation. And will include the Housing Act 1988 section 12 information.

Customer:

I need to address the damage and withholding of property and denying me full freedom and peaceful enjoyment of it for last 3 and half years, and the part the acceleration affects and undermines existing court case.

Customer:

I need to find out where court is on acceleration. as he asked for repossession without hearing. I am insisting there is one. need to come up with some supported suggestion re compensation for property. it makes me look as if i am proactive and helping and not hindering.

Customer:

He has made out that I have been hindering and dragging it out, when I explained yesterday to the judge that I had offered settlement and compensation all the time and throughout. It is he who refuses, wants to drag it out and likes me to know privately that he likes to cause me stress and harm me, and see me harmed.

Customer:

3 door mirrored good quality wardrobe with built in 3 draw chest of draws (which he damaged last year with no recognition) trapped in for 3 years. cannot remove or sell it, told no compensation and if I leave I would have to leave it.

Customer:

large 3 seater chesterfield sofa. trapped in for 3 and half years, again the same no compensation or recognition. also in order to deny liability and affect landlord submitted false statement saying it was a small 2 seater sofa. and a few other false things on statement easily proved. has despite request refused to remove or withdraw statement, I asked again yesterday. he again refused. Ok that will wait for trial, but eh refuses compensation now

Customer:

brand new washing machine bought last year, washer dryer in July 2013. I did not know when he was repairing kitchen that his workmen had cut plug off and connected it permanently to the cable system in the wall. Only found out when trying to move recently. No removal man will touch it, neither will any electrician or washing machine engineer. advised it is illegal tampering with an electrical device. also that by doing so the guarantee and warranty for the new washing machine has been null and void all the time. removing guarantee or any free response service.

Customer:

he needs to buy washing machine off me.

Customer:

also TDS not registered properly, Property Ombudsman says it is for court to sort out.

Customer:

Quite a few issues. but this question is about immediate compensation I should ask so I can move out, get my stuff or leave it there but with adequate recognition and compensation. and admittance of false statement and registering of TDS.

Alex Watts : Ok have you made an application to the court to consolidate the claims of possession and disrepair?
Customer:

No. I need to be able to say how much instead of his paltry offer. He plans to get accelerated possession without hearing and get rid and smash up the lot. I am asking you what is right fair and reasonable to ask. I need to get onto court asap, be able to reject his paltry offer and argue he is getting rid of evidence. Asking you how i evaluate the costs and damages better with supported proof of his legal obligation.

Alex Watts : Ok. Costs and damages to which claim please ?
Customer:

Need help costing claim for following:

Customer:





3 door mirrored good quality wardrobe with built in 3 draw chest of draws (which he damaged last year with no recognition) trapped in for 3 years. cannot remove or sell it, told no compensation and if I leave I would have to leave it.






8/20/14 10:14 PM



large 3 seater chesterfield sofa. trapped in for 3 and half years, again the same no compensation or recognition. also in order to deny liability and affect landlord submitted false statement saying it was a small 2 seater sofa. and a few other false things on statement easily proved. has despite request refused to remove or withdraw statement, I asked again yesterday. he again refused. Ok that will wait for trial, but eh refuses compensation now






8/20/14 10:17 PM



brand new washing machine bought last year, washer dryer in July 2013. I did not know when he was repairing kitchen that his workmen had cut plug off and connected it permanently to the cable system in the wall. Only found out when trying to move recently. No removal man will touch it, neither will any electrician or washing machine engineer. advised it is illegal tampering with an electrical device. also that by doing so the guarantee and warranty for the new washing machine has been null and void all the time. removing guarantee or any free response service.






8/20/14 10:17 PM



he needs to buy washing machine off me.






8/20/14 10:18 PM



also TDS not registered properly, Property Ombudsman says it is for court to sort out.






8/20/14 10:19 PM



Quite a few issues. but this question is about immediate compensation I should ask so I can move out, get my stuff or leave it there but with adequate recognition and compensation. and admittance of false statement and registering of TDS.









Customer:

so give an idea how much to ask for and how to calculate it for period of time I did not have full access or ownership of it.

Customer:

how much compensation re

Customer:

washing machine - damage

Customer:

wardrobe

Customer:

sofa

Customer:

and withholding of property since Nov 2010 until now.

Customer:

stop asking questions alex. I have told you what I need several times. A way of evaluating compensation, replacement and period I have been without property or proper enjoyment and disposal.

Customer:

I am now on my 6th free question due to my other questions not being answered, never mind the failure to understand disability law.

Alex Watts : What track is the matter allocated to please?

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