NationStates Jolt Archive


How do I get a court summons?

Multiland
30-11-2006, 17:59
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?
Purple Android
30-11-2006, 18:00
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?

Go see a Solicitor
ChuChuChuChu
30-11-2006, 18:00
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?

Do you have a solicitor?
Fartsniffage
30-11-2006, 18:01
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?

Listen to no-one on this forum. Go to the citizens advice bureau.

Seriously, I've seen general standard of the advice on this board and you don't want ot fuck about with something like this.
Megaloria
30-11-2006, 18:02
Piss on a policeman's car. They'll summon you to court soon enough.

Oh, well, for someone ELSE. Um, trick him into pissing on a policeman's car?
Infinite Revolution
30-11-2006, 18:03
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?

you'd have to contact a lawyer. you need to get a case built up before you can go summoning someone to court. even then it will take ages to come to court. it took 4 months for the police to get the procurator fiscal to look at my case and he just threw it out and gave me a warning.
Farnhamia
30-11-2006, 18:10
You want to sue him for some amount of money, is that it? here in the US we have something called "Small Claims Court." It's pretty much DIY. I'd go down to the town hall or wherever your local government hangs out and ask around. I suppose you could drop in on the police, too, and ask them, they might know.
Purple Android
30-11-2006, 18:12
You want to sue him for some amount of money, is that it? here in the US we have something called "Small Claims Court." It's pretty much DIY. I'd go down to the town hall or wherever your local government hangs out and ask around. I suppose you could drop in on the police, too, and ask them, they might know.

We have a small claims court in the UK as well
Multiland
30-11-2006, 18:13
I don't want to use a soclicitor as they take ages and frankly I could probably do a better job myself judging from what solicitors have said in several reported various legal cases.

I don't want to sue him - I want my contract anulled so I won't have to pay the rest of the year's rent as I want to leave the premises.

And I think it's a bit too complicated for the C.A.B.
Purple Android
30-11-2006, 18:14
I don't want to use a soclicitor as they take ages and frankly I could probably do a better job myself judging from what solicitors have said in several reported various legal cases.

I don't want to sue him - I want my contract anulled so I won't have to pay the rest of the year's rent as I want to leave the premises.

And I think it's a bit too complicated for the C.A.B.

I'm not sure that you have much choice other than to go see a solicitor about it......though I could be wrong
Fartsniffage
30-11-2006, 18:16
I don't want to use a soclicitor as they take ages and frankly I could probably do a better job myself judging from what solicitors have said in several reported various legal cases.

I don't want to sue him - I want my contract anulled so I won't have to pay the rest of the year's rent as I want to leave the premises.

And I think it's a bit too complicated for the C.A.B.

It may be too complex for the inhouses at the CAB but they'll always be able to refer you to the right person to see and best of all, it's totally free.

Incidentally, are you a student? If you are then there will be people at the union who deal with stuff like this and will be able to help you.
AB Again
30-11-2006, 18:18
I don't want to use a soclicitor as they take ages and frankly I could probably do a better job myself judging from what solicitors have said in several reported various legal cases.

I don't want to sue him - I want my contract anulled so I won't have to pay the rest of the year's rent as I want to leave the premises.

And I think it's a bit too complicated for the C.A.B.

Even if it is too complicated for them, they will be able to tell you where to go, who to see, and what to do. We do not have that level of expertise. Try the CAB first.
Farnhamia
30-11-2006, 18:20
We have a small claims court in the UK as well

Who knew? ;)

But the folks who suggested seeing a solicitor, Multiland, are probably right. I should think most solicitors will give you half an hour or so to listen to you and say whether they think it's worth proceeding.
Multiland
30-11-2006, 18:21
I'm not sure that you have much choice other than to go see a solicitor about it......though I could be wrong

You are, that much I know - there's no legal requirement to use a solicitor either to prosecute someone or to defend yourself in England (though they usually have more knowledge about how to bring a prosecution)
Fartsniffage
30-11-2006, 18:23
You are, that much I know - there's no legal requirement to use a solicitor either to prosecute someone or to defend yourself in England (though they usually have more knowledge about how to bring a prosecution)

If you want to get really technical, only the Crown can prosecute anybody. A layman can defend themselves or bring a civil case but would be strongly advised not to.
Farnhamia
30-11-2006, 18:26
I suppose you could send the landlord a detailed note about why you're leaving without paying the rest of the rent, a letter with a return receipt requested so he has to sign for it personally. Then if he comes after you, you can defend yourself with the documentation. You might need to say something like "If these issues are not addressed by such-and-such a date, I will vacate the premises, etc."

The trouble with leases, from the renter's POV is that they are written to protect the landlord's property from you, not the other way around. That sometimes makes them difficult to get out of. I take it that the relationship here has deteriorated past the point of getting out of this amicably.
Gruenberg
30-11-2006, 18:26
I recommend starting off going to your SU's welfare/advice place, and asking for help there, as they will be the most likely to be able to give you relevant contact details.
Kamsaki
30-11-2006, 18:27
Listen to no-one on this forum. Go to the citizens advice bureau.

Seriously, I've seen general standard of the advice on this board and you don't want ot fuck about with something like this.
"omgwtf uze yahoo legal teem they sort u out lol"

... Something like that?
Fartsniffage
30-11-2006, 18:34
"omgwtf uze yahoo legal teem they sort u out lol"

... Something like that?

Something, yes.
Sarkhaan
30-11-2006, 21:56
I don't want to use a soclicitor as they take ages and frankly I could probably do a better job myself judging from what solicitors have said in several reported various legal cases.

I don't want to sue him - I want my contract anulled so I won't have to pay the rest of the year's rent as I want to leave the premises.

And I think it's a bit too complicated for the C.A.B.
It's too complicated for the CAB, but not for a bunch of laymen, most of which are not English, on a random internet forum?:confused:
Rasselas
30-11-2006, 22:11
Go to your students union and ask them. They have people who'll know exactly what to do. You can't possibly be the only student to have ever had a crap landlord.
The blessed Chris
30-11-2006, 22:59
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?

Kick the shit out of him?

You'll get a summons at least....;)
Boonytopia
01-12-2006, 09:58
Do you have something like a Tenants Union (http://www.tuv.org.au/homepage.aspx) in the UK?
The Infinite Dunes
01-12-2006, 11:29
GO TO THE CAB. This isn't complicated. You are claiming that your landlord has repeatedly violated the terms of the tenancy, you have given him notice of such violations. He has done nothing. You wish to terminated your fixed term tenancy prematurely.

If you don't have a fixed term tenancy then why are you here? Just give your landlord 1 month's notice that you are vacating the premises.

If you do, examine your written agreement which your landlord is legally obliged to do. Take it to the CAB. Say you want to get terminate the tenancy. They will most likely say send them a letter saying you are ending the tenancy due to violations of the tenancy agreement and/or law (you have the right to have the accommodation kept in a reasonable state of repair). They will advise you take photos of the offending parts of the property. If the landlord does not repair the property within one month then leave the property and stop paying rent.

Leave it up to the landlord to summon you to court for arrears. Most likely he will not do so, if he does then present your photos, your letter and proof that the landlord recieved the letter and state that nothing was ever done to the repair the problems.

DO NOT TAKE THIS TO COURT.
Philosopy
01-12-2006, 12:14
Anyone know?

Basically I've got quite a bit of shit on my landlord and want to prosecute him and I was wondering if any of you know how to get a court summons in England?

Prosecute him? For what, exactly? Do you really think the old Bill are going to be knocking his door down in the middle of the night and locking him up because you've got 'quite a bit of shit'?

The best legal advice anyone can give you is to try and settle it between the two of you. If you try any form of litigation you're in for a very expensive ride; for claims under the value of £5,000, each party pays its own legal fees. If you truly think that will be cheaper than losing your deposit, or whatever the problem is, then you're probably mad.