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defence in time?


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I m not sure if anyone on this forum can answer this, but here goes, can only ask and see

 

 

Went to court to evict my tenant on S8 Process, no defence was filed prior to the hearing, but defendant turned up on the day with a solicitor in tow, they asked the judge for more time to prepare a defence and counterclaim (disrepairs) judge allowed 21 days and an N24 order stating that the defendant should file a defence and if so advised a counterclaim by 4pm on Tuesday 4th December, came home today and found a defence from the tenants solicitors today (signed 5th December)

 

Where do I stand on this?, are there any rules stating that a defence must be filed in accordance with judges directions?, or will this be allowed?

 

any advice welcome

 

Thanks

 

 

edit

 

nope don't worry- I forgot the golden rule

 

 

Rule 1

One law for landlords and another for tenants

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Spitfire1,in reply to your post and in my view:

 

Apply for a striking out order on the grounds of late submission/non-compliance with the judge's order.Whether it is accepted or not depends on the judge who deals with the case.

 

By the way,how long has this tenant lived in your property?

 

The answer to this question should hopefully enable me to assst you further.

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Spitfire1,in reply to your post and in my view:

 

Apply for a striking out order on the grounds of late submission/non-compliance with the judge's order.Whether it is accepted or not depends on the judge who deals with the case.

 

By the way,how long has this tenant lived in your property?

 

is there a form or CPR that deals with this?

 

6 months- a nightmare, believe me

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Spitfire1,

 

In reply to your question:

 

I am not very hot on legal forms etc but I will have a look on the main court site later for you and post any useful info, here for you.

 

However,I am like yourself a landlord but do have a fairly indepth knowledge of most common disputes between landlords and tenants.

 

Regarding,a claim for disrepair I would think it would be at best flimsy at worst thrown out as this person has been your tenant for a fairly short period of time.

 

By the way,

 

1.has your tenant notified you in writing regarding any disrepair issues associated with the property?If yes, how long ago and have you dealt with them?

 

IF NO...

 

2.are you aware of any likely disrepair issues that the tenant could possibly hold against you?

 

The answers to these questions should hopefully enable me to assist you further.

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