Summon from Landlord

[nithyashree]

I will be Eligible for ILR on Nov 2011. I got an exceptional Landlord who keep writing me saying that she will send summons.

The reason for Summon is she booked an appointment with the builder and we were not aware of that Appointment and worker came and realized no body there in the property. Now Landlord saying i have to pay the amount £350 for missing builders appointment.


I am worried . Can any body help/advise. If i refuse to pay evethough its very valid, presume she will send summon. Will this affect my ILR.

[John]

OK, assuming that landlord does actually issue a summons, you will no doubt reply to the Court that you deny liability. Then it is up to the Court to decide.

Worse case, the Court decides in favour of the landlord, you will then be ordered to pay the relevant amount, and assuming you do that reasonably quickly, your name will not appear on the Register of County Court Judgements.

But hopefully the Court would find in your favour.

But before it gets to that, suggest you reply to the letters you are getting saying you deny liability, and should a court summons be issued, it will be vigorously defended.

[Casa]

£350 for a day's work? That's one expensive builder!

[bneil]

Hello There, I am working for an estate agent, and found your problem. May be I can be helpful to sort your problem out.

Please clarify the following,

1. Did the landlord inform you about the builder's visit in writing?
2. Did you ever reply back to the landlord of your convenient date to accommodate the builder?
3. Did the landlord ever quote you in writing , as missing the appointment would cost you £350?
4. Even if the builder turned up for the appointment, did he prove the identity?
5. Was the builder being accompanied by the landlord?

If nothing happens above, the court will throw the case, as the landlord will not be able to attach any evidence to support his claim......

Be cool, as nothing would happen, as I am telling you with the experience i gathered in court scenes. Good Luck to you, as getting summon is not a easy thing.

[Sushil-ACCA]

it will not affect till it goes to court and u r asked to pay and u refused and a decree passes against u

so relax

if possible sort it out with landlord

[Casa]

Bneil has given you good advice.

[nithyashree]

Thanks for the reply

Hi Bneil,

from Landlord we received letter on 15th July.

CONTENT: To remind you of the appointment you have for replacing bathroom window-not as per the specification. ON 26th July 2011 with TOUCH OF GLASS. please confirm with them what time you expect them to visit.Failure to comply - you will be charged.

Our repply on 18th July

CONTENT: we dont have the contact details of touch of glass, can you let me have the contact details ASAP so as to confirm the time/appointment on 26th July 2011.Failure to comply we are not held responsible.

please advise

[nithyashree]

Hi Bneil

3. Did the landlord ever quote you in writing , as missing the appointment would cost you £350?

REPLY : no she didnt mention any cost to the work

4. Even if the builder turned up for the appointment, did he prove the identity?

REPLY : from the Touch Of Glass, Lndlored received the letter , the content is below

With referance to our letters dated 8th june and 1 july we today (26th july) arrived as agreed to replace the window which was not manufactured to design shown on your contract. we arrived at 8.30 am and waited until 9.30am but no one arrived to allow us access to the property.I telephoned and left a message on your answer phone.

I enclosed our invoice and on receipt of payment we will be prepared to arrange another date

I have not sent this letter by Special Delivery as on previous occassions, because Royal Mail have returend them unable to obtain signature from you

5. Was the builder being accompanied by the landlord?

REPLY: no landlord didnt accompany with them

[adamboston]

Seek advice from Shelter. Ring 0808 800 4444 for free telephone advice.

[bneil]

Thanks for the reply

Hi Bneil,

from Landlord we received letter on 15th July.

CONTENT: To remind you of the appointment you have for replacing bathroom window-not as per the specification. ON 26th July 2011 with TOUCH OF GLASS. please confirm with them what time you expect them to visit.Failure to comply - you will be charged.

Our repply on 18th July

CONTENT: we dont have the contact details of touch of glass, can you let me have the contact details ASAP so as to confirm the time/appointment on 26th July 2011.Failure to comply we are not held responsible.

please advise

OK. Now i got the full picture. Ok your landlord has informed you in writing about the builder's visit, and you are fully aware of this. But you have asked the landlord to let you have the details of the builder to re-confirm the appointments as you do not know your schedule of other personal plans. Also you did this on time and you have the proof for this.

1. Landlord has not fulfil his responsibility in letting you know the number of the builder or did not even contact you afterwords to re-confirm the appointment.
2. On the other hand builders were not informed by the landlord, about the appointment confirmation.
3. This is the responsibility of the landlord to confirm it to the builder about the time and date they could attend.

So, please be cool as you have not breached any agreement. The landlord cannot take this matter further without enough evidence in hand, hence you have the proof that you replied.(i suppose)

For me, this case is not strong, and there is a possibility of being thrown by the judge. I personally do not think it is a valid claim.

Good Luck, and hope for the best.

[nithyashree]

I got the Proof of reply.

Thanks for your reply. Thanks a lot.

[adamboston]

Thanks for the reply

Hi Bneil,

from Landlord we received letter on 15th July.

CONTENT: To remind you of the appointment you have for replacing bathroom window-not as per the specification. ON 26th July 2011 with TOUCH OF GLASS. please confirm with them what time you expect them to visit.Failure to comply - you will be charged.

Our repply on 18th July

CONTENT: we dont have the contact details of touch of glass, can you let me have the contact details ASAP so as to confirm the time/appointment on 26th July 2011.Failure to comply we are not held responsible.

please advise

OK. Now i got the full picture. Ok your landlord has informed you in writing about the builder's visit, and you are fully aware of this. But you have asked the landlord to let you have the details of the builder to re-confirm the appointments as you do not know your schedule of other personal plans. Also you did this on time and you have the proof for this.

1. Landlord has not fulfil his responsibility in letting you know the number of the builder or did not even contact you afterwords to re-confirm the appointment.
2. On the other hand builders were not informed by the landlord, about the appointment confirmation.
3. This is the responsibility of the landlord to confirm it to the builder about the time and date they could attend.

So, please be cool as you have not breached any agreement. The landlord cannot take this matter further without enough evidence in hand, hence you have the proof that you replied.(i suppose)

For me, this case is not strong, and there is a possibility of being thrown by the judge. I personally do not think it is a valid claim.

Good Luck, and hope for the best.

Just to add to Bneil excellent advice: in case you receive anything from court then don't just ignore it, you must challenge your landlord's claim against you by replying to the court.

[nithyashree]

will do it. Thanks