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Everything posted by Teddy12

  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
  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
  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’
  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 wit
  16. we we’re given a section 21 today When they came around they gave us no notice that they were coming, my son was heading out the door when they arrived so they came in as he went out. No one over 18 invited them in. We are also now 2 weeks without heating or hot water due to the dodgy valve.
  17. A new one was signed after first year but this ran out in July since then we’ve had a rolling agreement that should we want to leave we give 1 months notice or if the want us to leave they give 3 months Since this disagreement has happened we’ve done a bit of research and our deposit was never protected does this change our plan of action? We are completely up to date with rent etc. So they have no reason to ask us to leave from this perspective. Thanks
  18. We live in a rental property, since moving in 2 years ago we’ve had multiple problems with our gas boiler. Last year our boiler began ‘back firing’, the landlord sent out their gas engineer who stated the gas valve had gone, he came back a few days later and installed a new one, once again recently the boiler began back firing, another engineer came out from the same company, told us that the valve had gone again and needed replacing. Nothing more was said to us by the gas engineer, and he left. Later the same evening our landlord barges into the house scr
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