Landlord Court Claim, WS due in today, no letter before action - claiming £4500 floor damage

[purplenora]

Hiya,

I am helping someone with a. Court claim against them. In short it’s their old landlord taking them to court for £4500.

There were disputes after leaving,  and the final months rent owing, which the landlord has since taken the bond which covers that.

He is also claiming for a number of things, including full new flooring downstairs as he said the old was scratched, it was also very old, older than 10 years. My friend had lived there for 6 years and it was old when he moved in and noted that there were scratches on the floor in the inventory. I know that he would only be allowed to claim a portion of that as he is not allowed to benefit from betterment, but I am struggling to find the litigation to back that up.

also, he never issued any letter before action, the first my friend knew of this was the court paperwork. He submitted his defence etc in time, and though I’m sure it wasn’t great, and definitely wasn’t worded in Any legal sort of way, it was in.

He now needs to submit his witness statement by 4pm today. He’s requested an extension due to not having received the sar from the letting agents which means he doesn’t have all the info he needs to submit. But he hasn’t heard back from the court so needs to do something by 4, which I am trying to help him get done in time,

can anyone help advise how to argue that there was no letter before action please?

I know it’s an issue, but I don’t know how to argue it for him and can’t find anything when I’ve searched on here. Also, can he win with this?

[Andyorch]

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

 

Topic moved to General Legal Issues Forum.

 

Andy

 

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[purplenora]

Thank you so much!

 

do I put this as the first point in his evidence? And am I ok to use that word for word?

[Andyorch]

Yes that's your first intro point. Take a look around at some examples of witness statements to form and layout. If you refer to a document within the statement you must mark that paragraph with " See exhibit number xx " after that paragraph/sentence, and attach all the documents to the statements.

Statement must be finalised with the current statement of truth.

[purplenora]

Thank you.

 

I know this is a huge ask, but if I get this done in the next couple of hours would you please take a quick look at it for me before I give it to him to submit? 
 

also, the lack of pre action protocol, is that likely to be taken seriously by the court or will they brush it off?

[Andyorch]

Sure no problem...although the content will be yours I can check its compliant with CPR. Lack of pre action protocol can have have  an adverse effect on the claimants costs (if awarded) with regards to costs should your friend lose the claim.

[dx100uk]

have you not got the landlords WS yet with photos showing the damage before and after your friends tenancy period?

if no claimants WS yet might be best to wait or it?, see what cards he has?  or you have and there is no photos then the claim ain't going no where......

he must produce evidence.

[purplenora]

He has received the landlords witness statement, and there is photos of scratched flooring. However there are no before photos at all, and they were definitely commented on when my friend and his family moved in

[dx100uk]

THEN MAKE SURE you lay the fact of no pre photos on thick in your ws and that it was noticed when you moved in.

has the claimant included their pre agreement report on the place before he rented to your friend? if not point that out too.

where the proof the damage was not present upon rental start...