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I am suing my former landlord for about 1000 pounds, and he trying to counter-sue for the costs of his legal defence.

 

Am I right in thinking that he is unable to do this, and if so what is the relevant legislation?

 

Thanks in advance.

 

Regards,

 

Jeff

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If you sue someone and they are successful in defending it, they will normally be awarded costs (reasonable) for solicitors etc. However, if you are successful and win, they will not be awarded any costs at all and you will be if you have used a solicitor.

 

the reasoning behind this is that I need to feel it is OK to suer someone if they do owe me money, which I can prove. It is equally reasonable that someone can use a solictor to defend a claim that is ficticious etc and if that is the case, the person suing should pay as it should never have come about in the first place.

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I don't think you would normally get solicitors costs if your case is put in the small claim track. How much are they countersuing for (excluding the legal costs)?

 

You do have to be careful till the Allocation Questionnaire has been done and the allocation to track has been made, as in some cases solicitors will submit court applications if they think there is something fundamentally wrong with your claim, and these may be dealt with outside the small claims track.

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The £1000 figure is for:

 

(b) any claim which includes a claim by a tenant of residential premises against a landlord where –

(i) the tenant is seeking an order requiring the landlord to carry out repairs or other work to the premises (whether or not the tenant is also seeking some other remedy);

 

(ii) the cost of the repairs or other work to the premises is estimated to be not more than £1,000; and

 

(iii) the value of any other claim for damages is not more than £1,000.

 

 

If it is a claim not relating to disrepairs, I assume the £5000 figure applies.

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It's an "and" clause. I think the £1000 limit would apply to, say, a tenant's claim for up to £1000 for repairs that a landlord must do AND a claim for damages of up to £1000. ie. up to £2000 max in total.

 

If the claim does not involve a tenant claiming for disrepair, then the whole of (b) does not apply and we're back to the £5000 figure.

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