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MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 2067
Experience:  Expert
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I am a litigant in person seeking help with filing my case

Customer Question

I am a litigant in person seeking help with filing my case in court. I was unlawfully evicted. To make it worse, my council has decided Inwas intentionally homeless. Can you help in any way?
JA: Where are you? It matters because laws vary by location.
Customer: In London
JA: What steps have you taken so far?
Customer: Before COVID-19 struck, I filed a notice of my intention to sue in court (per court rules). Then the lockdown occurred. The moratorium on eviction gave me some time to heal . Now I need to commence action
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I believe the preponderance of facts are in my favour. First against my previous landlord - Breach of statutory duties by failing refusing to fix the ventilation system/air manager for the entirety of my tenancy, causing me to succumb to asthma. No compensation was ever offered . Misrepresentation the state of the flat from the onset. There were rent arrears subsequently
Submitted: 11 days ago.
Category: Law
Expert:  MARTINT330 replied 11 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  MARTINT330 replied 11 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Expert:  MARTINT330 replied 11 days ago.

Did your landlord ever serve you any notice regarding your eviction? If so, what was that notice?

Customer: replied 11 days ago.
I am disabled and have some difficulties getting all documentation in place. I should have it all by tomorrow
Expert:  MARTINT330 replied 11 days ago.

Thank you for sharing this information.

Expert:  MARTINT330 replied 11 days ago.

If you believe that you have been unlawfully evicted, you may continue to file a civil case against your landlord. You can:

1. obtain an injunction to stop the harassment and/or to get reinstated after an illegal eviction;

2. claim compensation (damages) for what you have suffered (in this case you have suffered from asthma due to the faulty ventilation system);

3. prosecute your landlord and/or apply for a warrant of arrest; and/or

4. ask the local authority to prosecute their landlord in the criminal courts.

You can pursue a civil claim for damages in a County Court at the same time as the landlord is prosecuted under criminal law in a magistrates' court. You may also apply to the First-tier Tribunal for a rent repayment order against the landlord.

Expert:  MARTINT330 replied 11 days ago.

Since you mentioned that you have suffered from asthma due to the broken ventilation system and that you landlord has refused to fix it. I would advise you to keep any documentation regarding that matter so that you may show that to the court. Additionally, you can also have you local health council check the property to give you a report detailing the broken ventilation system and how it has affected your health.

Expert:  MARTINT330 replied 11 days ago.

Furthermore, since you are looking to file a civil case against your landlord, I would advise you to seek legal aid from a local solicitors as  here on JustAnswer we are unable to receive formal instructions. What I can do for you is to provide details on how to locate a local solicitor. Would you like me to send those across?

Customer: replied 11 days ago.
Things are a little bit more complicated. Now I am dealing with 2 landlords.
The first landlord Octavia Housing, is a social housing landlord to which I was referred by Westminster City Council after it found me homeless and in priority need as a result of my disability.
I was unlawfully evicted by Octavia and returned to Westminster for rehousing.
Westminster has now decided that I am homelessness intentionally and has no duty to offer me permanent accommodation.
This is wrong. I am still fighting the unlawful eviction by Octavia. How can Westminster interfere or make a decision based on an ongoing case?
Customer: replied 11 days ago.
Okay. Send me any solicitors in my area that accepts legal aid cases
Expert:  MARTINT330 replied 10 days ago.

To find a local solicitor within your area, please visit the following website: https://solicitors.lawsociety.org.uk

Expert:  MARTINT330 replied 10 days ago.

You may also try to check this webpage and see if you’re eligible for the government’s legal aid. Once you enter the online form, there will be an option to select a category. https://www.gov.uk/check-legal-aid

Expert:  MARTINT330 replied 10 days ago.

Is there anything else I can help with today?

Customer: replied 10 days ago.
Not right now. Thanks.
Expert:  MARTINT330 replied 10 days ago.

No problem. Thank you for your enquiry today. Please do not hesitate to contact us if you have further enquiries in the future. We are always happy to help.

Expert:  MARTINT330 replied 9 days ago.

Thank you for your question on JustAnswer. I am always available to help and please do let me know if you have any other questions I can answer for you.