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To: Ocean Lettings

Revenge Eviction

1. Rescind court order.
2. Reinstate me at 91 Parson Street or find suitable accommodation for him.

Why is this important?

Date: 9th August 2015

Dear Sirs,

I write with regard notice applied for by my landlord for rent arrears. I provide the following defence that a) provides details of process failures by both landlord and letting agent prior to the incident of rent arrears, and b) provides my repayment offer to clear the rent arrears. Please note the following:-

History

To summarise, there were some failures of process made by both landlord and letting agent:-
1. NPower dispute. Caused by letting agent mixing up gas meter readings. 3 emails provided from communication trail with NPower, Energy Ombudsman and OfGem as evidence of this.
2. Lease extension not properly executed. Evidence attached.
3. Letting agent enter property without my permission. Evidence attached.
4. Landlord not updating Hazelvine of true details, accrued service charges, used my address as her correspondence address. Evidence attached.

Below provides a brief timeline of events over the whole tenancy:-
1. 2013 – moved from Address 1 to Address 2. Reason for moving was that I was unhappy with the conditions of previous property and lack of restorative/reparatory work by the landlord. This gave rise to the Requirements for Accommodation checklist (evidence item 1). Let me expand on issues with this previous accommodation:-
a. Jan 2004 – moved to Address 1.
b. 21st August 2009 – property sold from Landlord 1 to Landlord 2. Informed in writing of this, ref Appendix A of MMCN0140.
c. 6th December 2010 – report made to Landlord 2 of defective shower, ref MMCN0061.
d. 11th June 2011 – offer made to Landlord 2 to refurbish Address 1, ref MMCN0109 as something other than residential.
e. 10th August 2011 – further offer made to Landlord 2 to refurbish 18A Parson Street, ref MMCN0121.
f. 16th December 2011 – complaint made about conditions of property to Landlord 2 ref MMCN0140. Bristol City Council copied in on correspondence. No action was taken to rectify these reported issues.
g. 22nd February 2013 – 2nd complaint made to Landlord 2 ref MMCN0186. No action was taken to rectify these reported issues.
h. 17th August 2013 – notice given to landlord 2 ref MMCN0191. Notice letter made reference to 2 complaint letters.
2. 14th September 2013 – I officially moved into 91 Parson Street. Relations with letting agent were good, i.e. Agent 1, Agent 2, Agent 3, Agent 4.
3. When I first moved in, I noticed a discrepancy with the gas bill. I had 9 months of correspondence with NPOwer, Energy Ombudsman and OfGem to get this corrected. The reason for the discrepancy was that the letting agents had mixed up gas meter readings between my property and another. I have all this correspondence and can use as evidence if required, I enclose a CD of this correspondence and relevant documents.
4. Quarterly inspections were carried out at the planned times Agent 2 with myself present. Good reports were provided to landlord via letting agent.
5. Sep 2014 – Portfolio Manager changed without notice from Agent 2 to Agent 5.
6. Sep 2014 – Planned inspection for 30/9/2014 cancelled without sufficient notice, i.e. same day. Inspection rearranged for new date, then on that date, was informed she got the date mixed up with another inspection and had already been into property to inspect and had sent the report. The inspection report sent to landlady was fine. Letting agent entered property without my permission. I can provide email of letting agent admitting this.
7. Sep 2014 – there was some toing and froing with the 12 month tenancy extension. I did sign and return the lease agreement as requested, but was returned without letting agent signature. Although, signing of the new agreement should not have been via post but in person such that the witness signature can be put on at that time, no appointment was made to do this. Lease agreement extension paperwork not properly completed. I can provide emails of correspondence where I wanted to sort out.
8. I have copy of agreement signed by myself.
9. Dec 2014 – found out about landlord not informing Hazelvine of her proper address and of arrears with service charges amounting to approximately £1,000. I have paperwork providing 3 separate addresses for the landlady, i.e.. original lease agreement signed under witness 14/4/2013 states her address as Marshalls Drive, then 12 month extension for Sep 2014 (which would have taken me to Sep 2015) states address as Henrietta House, Haringey, then I now have paper work (Sec 21) stating address as Carlton Lodge, London.
10. Dec 2014 – I informed Hazelvine of the landlord address to what I had on lease agreement paperwork as Henrietta House. Landlord not updating Hazelvine of details, therefore they defaulted to last known address, i.e. my own address. I have an email from Hazelvine solicitors.
11. I subsequently reported this to Action Fraud as it looked suspicious, and had I not, the service charge arrears could have continued to accrue in my opinion. I informed Ocean of my Action Fraud report ref letter MMCN0200.
12. After advice sought from the Citizens Advice Bureau, I wrote to the landlady at the last known address with regard rent arrears and making arrangements to clear these with herself, and continue leasing the property maintaining good landlord/tenant relations.
13. I informed Bristol City Council tenancy relations of the issues I was having.
14. I requested that she phone me or email me with regard all of this by Monday 25th May 2015. I have not heard from her, and sought further advice from the Citizens Advice Bureau on Wednesday 27th May 2015.
Bristol

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2016-04-25 04:48:25 +0100

10 signatures reached