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SASH_Law
SASH_Law, Lawyer
Category: Property Law
Satisfied Customers: 4502
Experience:  LLB (Hons)
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My landlady says she has information that we lied about the

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Hello, my landlady says she has information that we lied about the reason for leaving our last property but she wont say what and says she will put it in a counterclaim after we've filed an N208 claim form for compensation. Does she have to tell us what her information is before she puts in a claim? We told her we were having to leave because the landlord was selling. On the reference form from the previous letting agent they also said the reason we were leaving was because the landlord was selling.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. What are you suing for? And what was the actual reason you left the last property?

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Customer: replied 17 days ago.
We're suing because she showed us part of the garden when we initially viewed the property but it turns out the garden doesnt belong to her and she has no authority to show it to renters. We have a 1 year old and need a garden. Also, the landlady did not tell us the boundary fence to the other part of the garden (which she does own) which stops a fall to 20 feet onto concrete was rotten. We have had multiple problems with the house which have taken up so much of our time and the landlady and her agent have harrassed us and lied to us that we have not been given quiet enjoyment of the property. I work from home as a writer and have not been able to work because of the continues issues. We moved out of the last property because the owner was selling and had got an eviction order.

Was a possession order granted against you - was it a s21 based order or a s8?

Customer: replied 17 days ago.
s21

May I ask why you were not honest about the reason for leaving the last place?

Customer: replied 17 days ago.
We we told we had to leave because the owner was selling, that he backed it up with a possession order to do so was immaterial.

To be fair, I don't think that the landlord is necessarily going to be able to succeed with a claim against you for misrepresentation on that basis, though they are of course entitled to raise this if it was factual and they are claiming they would not have rented to you but for the misrepresentation. It's an argument that may well be accepted by a judge, but in my view it's probably not strong enough to make a massive difference in your disrepair claim.

But the landlord is entitled to raise it in court. And if it is being said in counterclaim to your claim, then you will receive the full details of their claim from the court. It's a counterclaim to your application, so the landlord does not need to send you a letter before claim setting out the claim.

SASH_Law and other Property Law Specialists are ready to help you
Customer: replied 17 days ago.
Ok thanks Lea, that's very helpful.

You're very welcome.