Hi Lauryn, Thanks for getting back. Yes I realise now that only important points of law are published. I feel that my case would be bolstered a great deal, given the time bar defence, by anything which could be provided as written support. I have to appear on Friday this week and I am encouraged to go ahead without any further delay given the dates that you have provided. However, of course it will not mean much to them unless I can refer to the case by name, number etc. I would be most eternally grateful if you could perhaps email me something or attach something to me. I don't know what the rules on the forum are, I only just joined. But please consider whether you could help out by sending something over. I am determined that this can be resolved easily and without too much more complication, as is intended by the summary application process. Warm regards, Jonathan

Hi Lauryn, I see from the Courts website that your case is not listed so I wondered as a favour whether you could possibly send me a photocopy? I would be so enormously grateful and it would undoubtedly assist my case and simplify the whole matter. Best regards, Jonathan

Hi Lauryn, thanks for the advice. It would perhaps be advantageous to have a copy of your judgement to take to court with me. Would you be able to tell me the pursuer versus defender names so I can find it? Thanks so much, Jonathan

Hi Lauryn, I was just wondering if you have a link to the results of the case online? Cheers, Jonathan

Hi Lauryn, Thanks for your reply, I must say I am very encouraged by it. I shall try to explain the situation I face. The defender's solicitor is arguing a time bar on the the application because in his 30 years experience, dealing with personal injury no doubt, he feels that a time limit is taken to mean that the writ must be lodged, warranted and intimated or served within the given period. This may be the case for personal injury, I dont know, but what is certain is that this is new legislation where the legal interpretation of the terms 'application to court' is yet to be fully understood. The Sheriff at the last hearing seemed to want a 'proof before answer' to sort this out. It is becoming quite intimidating and I am supposesd to get legal representation to take this on now as it is supposedly beyond a lay person to argue in such a debate. However, if you say that you applied to court within a couple of days of the expiry of the limit, then that is exactly like my case. And if the warranting and serving proceedure is not taken as being within the limit (which surely it can't as you found that this can be a longer period which is not clearly defined) then the date stamp of the clerks office when they received the application is the only important date. For clarity, my dates are; lease supposed to end two weeks early on 5 June and I applied to court and got a stamp on 3 September. He did not repay the two week early amount but repaid as if the lease at expired at its full term of 19 June. Which is obviously why I got upset and found out he had not complied with legislation. I also wrote and gave him the opportunity to rectify but also got no reply and he even states in Answers that he didn't receive this letter, which is impossible since I sent it to his home address and the address of the property I rented where he regularly picked up mail. It is now my feeling that I don't need to worry too much about this time bar, the legal debate on this subject or having expensive representation. I am a little disappointed that you only got three times the amount owed, it should really be three times the deposit. However it is a good result. Anyway, I am supposed to attend on 21 Feb for an evidential hearing and maybe a proof before answer about the time bar. I am running out of time and was going to seek and adjournment because I haven't been able to get suitable representation for that day. What do you think I should do? Given your information about the time limit I am totally encouraged that this thing has got totally carried away and I should just appear and get on with it. It has been a long unnecessarily protracted affair in which I have been made to feel somewhat incompetent. It is intimidating but I will not be cowed! Yours, Jonathan

Hi Lauryn, congratulations on your win! I am in a similar position, started an application myself but things have got a bit complex since the defenders claim a time bar on the application. It's strange, to do with trying to exit the lease early, I am still owed last two weeks rent etc etc. the upshot is that they are trying to infer that the time bar should be taken to mean the date of intimation to the defender, not the date when the initial writ was lodged. Do you have any knowledge of these matters? The Gov legislators say that it is up to the courts to interpret what is meant by 'application to court'. As a layman and aggrieved tenant I assumed that would mean the date you first applied to the court for a warrant but what do I know? Anyway what should be a simple thing, as all summary applications are intended to be, is possibly descending into a complex proof of what was understood by termination of contract and possibly a legal debate about what is understood by 'application to court' I am, however, deeply encouraged by your case and the other successful Edinburgh case recently. Cheers! Jonathan