Additional defence form and counterclaim

IN THE COUNTY COURT AT YARMOUTH                                          CLAIM NO: 3PB34567

BETWEEN

YARMOUTH DISTRICT COUNCIL

Claimant

-and-

MR KEITH BUTTERWORTH

Defendant

_____________________________________________

ADDITIONAL DEFENCE FORM AND COUNTERCLAIM

_____________________________________________

1. This Additional Defence Form and Counterclaim is in addition to the Defence Form filed by the Defendant.

2. I am the Defendant in these proceedings and I admit that I live in a flat at 3 Field Street, Yarmouth, NR30 1BL, on my own under a secure tenancy. I have lived at the address for 2 years. I deny everything in the claim unless I admit it in this Defence and the Claimant is put to proof. I deny that the Claimant is entitled to end that tenancy and possession of the property as claimed.

3. I admit that I was given a notice seeking possession by the Claimant as said in the Particulars of Claim.

4. I admit that I have fallen behind with my rent but I am unable to say exactly how much I owe. The Claimant is put to strict proof as to how much the rent arrears are. Alternatively, I say that in any event I am able to set off against the rent the sums Counterclaimed below.

5. I deny that in all the circumstances it would be reasonable for a possession order to be made under the Housing Act 1985. In particular I say:

              a. My rent debt started because my employer changed the way I was
                  paid from weekly to monthly and reduced my hours in January to
                  February 2020.

              b. I did offer to make payments towards the debt in March 2020.

              c. I now have regular work hours and am able to afford the rent.  

              d. The Claimant has discriminated against me (see below).

              e. The Claimant failed to comply with its public sector equality duty (see
                   below).

              f. I am disabled with the meaning of s.6 of Equality Act 2010.

    6. The Claimant is the owner and landlord of 3 Field Street.

    7. I have a disability under s.6 Equality Act 2010 because I have a learning
         disability, namely severe dyslexia. My dyslexia is a mental impairment that
         has a substantial and long-term adverse effect on my ability to carry out
         normal day-to-day activities.

    8. I defend the eviction under Part 4 of the Equality Act 2010. The Claimant has
         discriminated against me under s.35 in its decision to evict me. In particular,
         the Claimant has indirectly discriminated against me under s.19 Equality Act
         2010, discriminated against me in connection with my disability under s.15
         Equality Act 2010 and failed to make reasonable adjustments under s.21
         Equality Act 2010.

PARTICULARS OF INDIRECT DISCRIMINATION

    9. The Claimant as a landlord manages the flat, indirectly discriminated against
         me for the following reasons:

              a. In or around January 2020 I admit that I did start failing to pay some
                  rent because my employer changed the way I was paid.

              b. In March 2020, I offered to pay the Claimant £50 extra per month to
                  clear the rent debt.

              c. On 21 March 2020, the Claimant refused to accept the offer because I
                  had not followed the correct process for those who owe money.

              d. The Claimant have a rule (provision, criterion or practice) that all
                  tenants with rent debts must fill in an online statement that gives
                  details about all their finances before they can set up a repayment
                  plan.

              e. I have suffered with severe dyslexia all my life and find it difficult to
                  read and understand things. I was not able to understand and fill in
                  the complicated statement.

              f. The Claimant’s rule to fill in an online statement discriminates against
                  people who have a disability like severe dyslexia because they have
                  difficulty reading and writing. This puts them at a particular
                  disadvantage compared to people without severe dyslexia because
                  they cannot fill in the form.

              g. As I was unable to start repaying the rent debt, my debt increased
                  which led to the Claimant deciding to evict me.

PARTICULARS OF DISCRIMINATION ARISING FROM A DISABILITY

  10. The Claimant as a landlord manages the flat, discriminated against me
         because of my disability for the following reasons:

              a. In or around January 2020 I admit that I did stop paying the rent
                  because my employer changed the way I was paid.

              b. The Claimant knew about my disability because they helped me fill in
                  the forms when I first became a tenant two years ago.

              c. I told the Claimant that I could start to make payments but they
                  refused my offer because I hadn’t filled the online form in.

              d. I asked for help to fill the form in or not to have to fill the form in at all
                  but this was refused.

              e. The Claimant has decided to evict me because of something arising
                  from my disability. My rent debt has increased because the Claimant
                  did not allow me to start repayments as I could not fill in the online
                  statement due to my severe dyslexia.

PARTICULARS OF THE FAILURE TO MAKE REASONABLE ADJUSTMENTS

  11. The Claimant as a landlord is a controller of let premises under s.36 Equality
         Act 2010 and has a duty to make reasonable adjustments under s.20 of
         Equality Act 2010.

  12. My landlord has failed to make reasonable adjustments and has
         discriminated against me as follows:

              a. My landlord has a rule (provision, criterion or practice) requiring
                  people in rent arrears to complete an online income and
                  expenditure form before they will accept a payment plan.

              b. This provision, criterion or practice puts a disabled people at a
                   substantial disadvantage in comparison with persons who are not
                   disabled because people with learning difficulties like me struggle to
                   complete forms.

              c. They should take such steps as it is reasonable to have to take to
                  avoid the disadvantage.

              d. In or around January 2020 I got into rent arrears due to changes in
                  my employment hours

              e. In or around March 2020 I offered the Claimant to start paying my
                  rent arrears off by instalments.

              f. On 21 March 2020, the Claimant refused to accept the offer
                  because I had not completed the only form.

              g. I asked for help to fill the form in or not to have to fill the form in at all
                  but this was refused. The Claimant told me that I’d need to fill the form
                  in so that they could see that I could afford the payments and if not
                  they couldn’t accept my payment offer.

              h. I have suffered with severe dyslexia all my life and find it difficult to
                  read and understand things. I was not able to understand and fill in
                  the complicated statement.

              i. The Claimant knew about my disability because they helped me fill in
                  the forms when I first became a tenant two years ago.

              j. The Claimant’s rule to fill in an online statement discriminates against
                 people who have a disability like severe dyslexia because they have
                 difficulty reading and writing. This puts them at a substantial
                 disadvantage compared to people without severe dyslexia because
                 they cannot fill in the form.

             k. As I was unable to start repaying the rent debt, my debt increased
                 which led to the Claimant deciding to evict me.

PARTICULARS OF BREACH OF PUBLIC SECTOR EQUALITY DUTY

  13. The Claimant is a public authority for the purposes of the Equality Act 2010.
        As a public body, it is under a duty to take steps to take account of disabled
        persons’ disabilities under s.149 of the Equality Act 2010. The Claimant has
        failed to pay due regard to the need to eliminate unlawful discrimination.
        The Claimant has failed to comply with its public sector equality duty by
        failing to have due regard to my disability when deciding whether to evict
        me.

_____________________________

COUNTERCLAIM

_____________________________

  14. I repeat paragraphs 1 to 13 above.

  15. Due to the Claimant’s actions, I have suffered loss, damage, distress,
         discomfort and inconvenience. I claim for injury to feelings under s.119
         Equality Act 2010.

PARTICULARS OF GENERAL DAMAGE

   (a) I have been caused distress about being evicted especially as I would have
         nowhere else to go if I lost my home.

   (b) I have been embarrassed by the Claimant’s actions and having to
         explain I have difficulties with reading and writing.

  16. I counterclaim for:

            (1) Damages limited to £5000.

            (2) An Order saying that the Claimant has discriminated against me.

            (3) An Order to say the Claimant must accept repayment from me
                 without having to fill in the online form.

            (4) Interests that the Court think appropriate.

            (5) Costs.

Dated: 23 October 2020

Statement of Truth

I believe that the facts stated in this Defence and Counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

…Keith Butterworth……………………..

KEITH BUTTERWORTH

To the Court Manager and to the Claimant