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About Teddy12

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  1. Further update Hearing lasted 10 mins, no case to answer on damages claim as no tenancy agreement provided so judge unable to rule on breech of tenancy without a contract. Judge refered to the claimants as bad landlords and directed the tenants to sue for loss of furniture, claim for the deposit not being protected plus compensation And to pursue the landlord for illegal eviction. The judge warned the landlords to expect the costs to them to run into tens of thousanss
  2. Hi all just an update. Second hearing of this case due tomorrow. In the first the claimant was ordered to provide number of things prior to this hearing. All have been provided bar a copy of the tenancy agreement. The hearing was initially schedular for a 3 hour slot, however today all parties have received an email stating that upon reading the statements and that the claimant had not provided as ordered a copy of the tenancy agreement, the hearing will now be a directions hearing with a time estimate of 1 hour. What does tris mean? As a layman am I right in thinking that the judge is likely to dismiss the case due to the claimant not providing the evidence ordered?
  3. There was no inventory completed on commencement of the tenancy., the longer this goes on for the more I fear they are playing with fire!
  4. The claimant isnt planning to attend court due to a hospital admission but plans to send his wife asa representatives. I’ve tried over the last few months to convince them to not go to court as I can see clear problems in their case but they feel as they own the property they are justified in their actions
  5. I think both have however the landlords failure to adhere to simple laws the rental of the property and the processes used to remove tenants out weighs the tenants wrong doings I fear
  6. Yes to small claims. Who’s behaviour are we talking about? Landlord or tenant
  7. Just another thought. The tenants have instructed a solicitor could the landlord be liable for these cost?
  8. Ok further update. Court hearing set for 2 weeks time. The landlord has provided the tenant with a file of evidence, within this file he has admitted everything including 1) never having seen the need to use a deposit scheme as they use a secure account instead 2) a letter from landlord to tennant threatening to remove them from the property within 7days (within the section21 notice period) 3) multiple statements from neighbours which all look identical - I fear these may be false 4) invoices from a locksmith stating the date he changed the locks 5) multiple pictures of the tennants property within the house and a statement saying he took it to the tip I think in this document he may have completely thrown the book at himself. By some small miracle is there a chance the judge may look past all the wrong move and just look at the costs it took to prepare the house for rerental?
  9. Further update, landlord has requested mediation rather than court hearing but the tenants have rejected mediation on the grounds of illegal eviction, non protection of deposit, disposal of furniture and non provision of heating/hot water. This is going to court on the 18th September I think the tenants have a very strong defence, I cannot convince my friends husband- the landlord; to drop the case so how would you say he’s best proceeding? Personally I think he’s in with a shock
  10. Just an update. Date set for September however the landlord now has to pay a further £350 for allocation, I’m hoping this is a deterrent from taking it further but we will see!
  11. I fear the legal advice may be via google! The case has just been transferred to the county court hearing centre for allocation so no date set yet.
  12. Thanks for the feedback, he’s placed himself in a no win situation I think, from the defence the tenants have submitted in response to the initial claim the tenants are aware that firstly the whole situation in which the landlord has gained entry and removed their belongings was an illegal eviction, he’s also disposed of in excess (they claim) of £2500 of furniture and belongings, and they’ve also stated that the deposit wasn’t protected so I’m guessing they also know they can claim just for that. He’s of the belief that he will be granted £5000 for repairs/removal/cleaning/lock, he said he’s received legal advice prior to filing the claim but I fear he may have failed to tell his solicitor that he entered the property illegally and hasn’t protected the deposit!
  13. He also stupidly on his original claim form stated that the tenants has not returned the keys so had a lock smith change the locks, he stated the day this happened which was the day following the section 21 running out.
  14. The claim has been defended with everything above written on it. He was sent a directions questionnaire - as were the tenants, he’s asked to go through mediation, the tenants have asked for it to be allocated to court, I think this will land him in deep hot water!
  15. My friend has rented his house out for a number of years. He had a disagreement with his last tenants and decided to end their tenancy, he is currently claiming through the small claim courts for damages to property. Looking at his case I believe he may be opening up a huge can of worms as he’s made a few mistakes as listed below 1. When starting the tenancy he took a deposit which was not protected - the tenants are aware of this 2. He issued a section 21 notice 3 weeks before rent was due - the tenants were up to date with rent 3. He left them in the notice period with no hot water or heating and did not supply alternative heating - it was winter so property became very damp, the tennant withheld rent for this reason 4. When the section 21 notice finished he changed the locks without an eviction notice - the tenants still had furniture in the property He is now trying to claim for damages to property as House was not left tidy, owing rent, and damages totalling £5000 The tenants have refuted his claims stating that they did not have a chance to empty the property or tidy it up to an acceptable condition due to being illegally evicted. Am I right in thinking the courts will throw the book at him and potentially side with the tenants as he did not follow the correct legal proceedings?
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