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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 3661
Experience:  Senior Associate Solicitor
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Defendant in an eviction case by landlord who refused to do

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Defendant in an eviction case by landlord who refused to do repairs and I wrote in my defenceform that I wanted to counterclaim for repairs I have done. Court decided 2 weeks ago that I should hand in a proper counterclaim tomorrow by 4.30 pm. I started writing my additional defence form and counterclaim but I am a bit stuck now as I don't really know to what extent I should specify the work I have done, whether to hand in all the relevant emails, whether to include the repairs I have made in the cafe we rent downstairs from the same landlord and whether I need to go to court tomorrow after I have handed in the counterclaim. Had a legal aid solicitor at court who told me she cannot run the case for me and I only got her letter last Saturday with names of two solicitors which is too late to consult. Also got the run around from a cla office in Liverpool. I need answers now and preferably some example counterclaim so I know how to present my claim. Please can you help.

Hello, my name is ***** ***** I am a qualified lawyer happy to help you today.

I have attached an example defence and counter claim but yours can be kept simple and shorter - you just need to say what you had to pay for due to the landlord's lack of repairs and how much (so particularise your outlay and what it was for). You do not need to attach the emails or any other evidence as the disclosure part of the evidence in the claim comes later (there will be a date to do that).

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button on your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

Customer: replied 27 days ago.
Hi Jim Thanks for making it look simple. I am trying to send you a copy of what I have written. The trouble for me is that I am used to Dutch law and there you need to insert the relevant production so the court and other party can read the email. So I don't need to hand in or detail the emails at this stage? Also handing in my counterclaim tomorrow, do I need to be in court as well or do they call me up?
Customer: replied 27 days ago.
Rather stay on chat as I can reread it later.

What is tomorrow for at the court - have they listed a hearing or a deadline for you to file your counter claim?

Customer: replied 27 days ago.
The court only ordered permission to the Defendant to file and serve a counterclaim by 4pm on the 23rd May 2019.
Customer: replied 27 days ago.
A deadline I assume. Can I serve my counterclaim to the Claimant myself?

Was the order to serve at the court by tomorrow?

Customer: replied 27 days ago.
It only stated what I wrote.
Customer: replied 27 days ago.
That is the reason why I am asking.

Thanks, ***** ***** replied and enclosed the N215 certificate of service - to allow you to hand deliver the counter claim tomorrow on both the court and the claimant.

Customer: replied 27 days ago.
Where is the N215 certificate, cannot see it anywhere.

I attached it to the other question you had but here is another copy

Customer: replied 27 days ago.
Thanks.

No problem, come back to me if you need to. I can check any court documents before you take them in to ensure they are correct.

Customer: replied 27 days ago.
Will I send you a copy of my counterclaim sofar, just in case I am out of line with legal rules?
Customer: replied 27 days ago.
How do I reach you through just answer? Or...

Yes, feel free to do that. I will look at it this evening and confirm back to you that it is correct or if not, I will suggest amendments. Just come back to me on this question or the other one - the system will notify me

Customer: replied 27 days ago.
That is a great offer as I am getting a bit anxious. Great.
Customer: replied 27 days ago.
You are welcome to contact me on my email address***@******.***
Customer: replied 27 days ago.
Just one more question. I am leasing a tiny cafe below the disputed one bed room flat and have spend at least 8K in repairs there. Can or should I include those or will it be possible to do at alater date?

OK, your document needs to state the counter claim amounts at the last page and then add in a statement of truth (like the one I gave you on my document). I would include the 8K repairs in this claim - it make sense to include it in the current proceedings

Customer: replied 27 days ago.
Ok thanks. So I don't need to specify all the work and why I did the repairs or had tradesmen do the repairs? Like I am painting the outside walls myself at the moment.

Yes you would need to say why the repairs were necessary and if you paid anything out, the details need to go in the counter claim as you are effectively saying why the claimant should be liable to pay

JimLawyer and 3 other Property Law Specialists are ready to help you
Customer: replied 27 days ago.
Ok thanks. Is the landlord allowed to refuse my request for changing the name board on the awning. He also refuses me to install floodlights on the facade. I thought that was only possible when they can be considered a hazard to someone else.