This was the letter (extracts from) I received from the lawyer after my initial appointment and before the letter from the court giving me a hearing date:
It all made for great reading, even before finding out that I had a hearing date 😄.
So the success comes down to whether the letting agent or landlord acquired proof of their serving me with a particular document (on two separate occasions).
Firstly given that they actually served me a How To Rent booklet which was out of date at the start of the tenancy, this is much easier for me to defend than the case of me not having one to show— because in that case they could argue that they actually delivered it and it was the correct one (if they had proof). But, I have one to show— and it is out of date.
Then for the second instance they would also need proof of providing another updated version of the How To Rent booklet when my tenancy auto-renewed after the first year— they would need to have some sort of photograph of them hand-delivering or posting it. Nobody does that. I am 99.9999% sure they wouldn’t have been that organised.
I am 100.0000% sure they cannot prove both of these instances together. In which case apparently I have a defence 😁. I have a good defence.
It is fucking satisfying, especially to think that since 4th June when the letting agent/landlord gave me the eviction notice they thought I wouldn’t be able to do anything about it, that by not specifically accusing me of breaching the contract they gave me an easier defence, and they thought I’d be gone by October 4th and even sent me a threatening (and non-legal) letter on that date expecting that would be it and they’d just phone the police and I’d be out.
And now…not only was I not gone by October 4th, it is now December 4th and I’m still not gone, the court hearing is two months away and it is likely I will get the whole thing thrown out. I could be here until June next year (unless Launchpad houses me). And my abusers will have the full knowledge that it was simply because they didn’t provide a How To Rent booklet version which has a single word changed (‘help’ to ‘advice’) before the entire tenancy even began two whole years ago. Think about that.
Karma comes for those who don’t brain 😉😉😉.