Hi

I require some legal help for a friend who attended court today and lost due to unfair judgement

my friend rented a property off the books (no tenancy agreement and cash rent payment) for 4 years

she decided to rent a place with a garden so told the landlord she was moving out, the landlord was not happy as this ruined his pension plans (landlords words) so she decided to take my friend to court claiming she broke 2 beds, ripped stair carpet left the house with mould around windows and left the property in a mess and had to renovate which was rubbish as the landlord sold it two weeks later in the same condition the property was left.

she had a legal friend from her place of work to inspect the property before she handed back the keys and took photos of the property for proof,

when my friend moved in there were beds which she didn't want and one of them was broke she text the landlord stating she did not want them via and had a reply via text stating to throw them out, she also had text messages regarding the carpet which was chewed up by the landlords dogs stating the landlord will renew the carpet (this never happened)

she also made numerous complaints about damp sent via text with replies they will sort it out but never fixed.

When my friend vacated the property the landlord was straight on to Facebook calling my friend a skank and liar and a thief and a few other words which i won't repeat, we were able to print off the Facebook comments for evidence as this was slander

The property had damp problems and mould as she has a 6 year old boy who has severe asthma and is autistic my friend had evidence from the doctor stating the since they left the property her little boy's asthma has got better

My friend also had evidence from a builder who the landlord ask to go the property and check the damp and leaking roof and told him to bodge it which he did and and the roof still leaked hence the mould and damp problems

The boiler have never had a gas safety certificate in all the time she rented the property legal requirement

property was rented without mortgage company's permission and cash rental every month so the landlord didn't have to pay tax

Today (15th May) she went to court at 11am to be told the hearing has been postponed till 4pm she walked in the court room sworn in, the judge said that this wasn't his case and he should have finished an hour ago and was in a hurry and then told my friend she had no proof that the landlord gifted her the furniture and beds to throw out (which she, did text messages ) she had her legal friend with her for help, the legal friend ask the judge if she could say something in defence and judge said no you can't and made judgement straight away for £3700.00 to landlord

the landlord claimed for kettles, toasters, dishwasher carpet through out and 2 beds plus one month which they claimed my friend owed but the land lord had no receipts in her evidence for any listed items and no tenancy agreement

i have said she need to see a solicitor to try and have the judgment set aside and appeal

if anyone can spare us some advice on how we can move forward

many thanks for your help

Sue the landlord for non protection of the deposit as well as appealing this unfair judgement

To appeal there normally has to be an error in law, not in a finding of fact.

I think your friend will struggle with an appeal for this small claim.

Sue the landlord for non protection of the deposit as well as appealing this unfair judgement

This was a cash rental off the books, I highly doubt any deposit was paid.

This was a cash rental off the books, I highly doubt any deposit was paid.

If it was off the books was the income declared to the tax office? Could make life uncomfortable for the LL if reported. Also sounds as if the judge needs a severe reprimanding.

Also sounds as if the judge needs a severe reprimanding.

A reprimand by whom? and reprimand for what?

another so called DJ mis-directing themselves - will it ever end mis-carriage of justice? Demand a statement of Rents paid for starters , then if/when refused, seek advice from a solicitor free for 1st 30 minutes usually, who will no doubt inform you of regulator or proceedure to H.M. tax office ??? just a thought

A reprimand by whom? and reprimand for what?

Judges never get reprimanded - usually during appeal cases The Judge Mis-directed themseles = naughty person

A reprimand by whom? and reprimand for what?

Maybe the people= Judge Jeffries got hung as well!

What I don't understand is how can a judge award judgement for the landlord for kettles and beds without receipts and in their evidence they submitted Argos pictures as proof of items missing or broken

Plus I'm sure everyone has a right to defend themselves, my friend wasn't even given the chance to speak because the judge wanted the case close by 4.30pm

My friend submitted 30 pages of evidence to prove the property was left in a excellent condition and text messages to prove the landlord told her to get rid of anything broken, while the landlord produce 2 pages with Argos pictures and evidence to say that my friend paid her rent on time in full every month, apart from the last month rent when she moved out.

And the landlord upped the rent every time my friend complained about the damp which she has bank statements to prove and and a list of rent payments submitted by the landlord for evidence

damp did she complaint to local health authority?