Landlord Applied to set aside a Judgment & transfer to another court

[PONTCANNA]

I will avoid going into detail but can provide the full facts if need be. I have a Judgment by default against my former landlord (defendant) dated March 2011. Judgment was within the jurisdiction and became default as the defendant did not turn up for the hearing because the address I had for him was from my tenancy agreement and turned out to be a false address.

 

I have tried to enforce the judgment but my ex landlord has tried to interfere. He has emailed me that he will make things difficult for myself to enforce the judgment.

 

This week September 2011 I have received a letter that the defendant is applying to set aside the judgment and transfer the case to another district.

I believe the address he is using in another district is not his address and a delay tactic.

 

Can anyone guide me what steps or action I need to take.

1) Should I oppose the transfer to another court

2) Should I oppose the jugment to be set aside

3) What forms do I need to complete.

[Snorkerz]

On what grounds is the landlord applying to have the judgement set aside?

[PONTCANNA]

@Snorkez I have no idea his reason to set aside my judgment

[mariner51]

Guess on the basis LL did not receive Notice of proceedings?

[Snorkerz]

@Snorkez I have no idea his reason to set aside my judgment

If memory serves me right, the landlord should have filed a form giving his reasons - the court should have sent you a copy. Maybe something like this: http://www.compactlaw.co.uk/free-legal-precedents/small-claims-court.html#Aside

 

If you haven't seen it may I suggest you phone the current court and ask for a copy.

 

Did the landlord defend the claim on paper within 14 days of receiveing the form N1?

Was that form sent to the 'address for service of documents' on the tenancy agreement?

Would the court have sent the details of the hearing to the same address?

[PONTCANNA]

@SNORKEZ

 

If you haven't seen it may I suggest you phone the current court and ask for a copy.

(A) I've contacted the court that the case is being transferred to and they haven't received the file as yet but they did say once they have the file I can obtain a copy of their application to set aside.

 

Did the landlord defend the claim on paper within 14 days of receiveing the form N1?

Was that form sent to the 'address for service of documents' on the tenancy agreement?

Would the court have sent the details of the hearing to the same address?

(A) The landlord did not defend the claim because the address he supplied on my tenancy agreement as 'address for service' turned out to be a false address therefore the address he supplied was used on my claim and the same address that the court sent details of the hearing.

[Snorkerz]

If he didn't reply to the initial paperwork then why did it go to Hearing? You could have applied for a default judgement.

 

This is the usual reason people cite to have claims set aside. Write or email the court with a copy of the tenancy agreement and ask that the judge deciding the application be made aware that all court paperwork was sent to the address provided by the landlord in the tenancy agreement, as required under section 47 of the 1987 Landlord and Tenant Act.

[PONTCANNA]

@Snorkez I started this thread that I obtained a Judgment by default. I have to agree my ex LL has probably applied to set aside judgment in another district court on grounds that he never received the paperwork to defend himself but my point is that the address he supplied on the tenancy was false. Thanks for your input.