At County Court Can I ask for Rule 27.14 Unreasonable Behaviour in my court bundle

[Tryinhard]

My tenant left leaving upaid rent and Council Tax arrears. It is too long to explain everything with his defence. He and his guarantor are defending after causing criminal damage and sending me the photos and saying he left because the house was dangerous. Strangley admitting in writing what they had done. My tenant took a room with 4 friends and told me he worked with them. We tried telephone mediation but it failed. The mediator said she had never heard anything like it before ! she also told me that he told her he was unemployed when he viewed the house, signed the contract and moved in so he shouldn't pay Council Tax anyway. It is against my mortgage contract to rent to DSS so we would never had rented him a room. He is making us travel miles to the hearing and we will have to stay overnight.

Assuming we win although nothing will surprise me can I ask for costs for unreasonable behaviour ? if so do I do it now with the court bundle or wait and see what happens, can I claim at a later date. This extends to the fact that we have taken legal advice. They have not contacted anyone regarding their legal position.

Thanks in advance for any replies.

[howardhewit]

Dear Tryinhard,

 

Thank you for your post.

 

He is making us travel miles to the hearing and we will have to stay overnight.

 

I assume that you are the Claimant in this case. Thus, if you start a Claim the proceedings will be transferred to the Defendant's local Court and this is why you are expected to travel and not the Defendant.

 

 

Strangley admitting in writing what they had done.

 

Could you please explain what they admitted in doing? Did they admit causing criminal damage to your property in writing?

 

 

Under CPR 27.14 (g):

 

"27.14

(1)This rule applies to any case which has been allocated to the small claims track unless paragraph (5) applies.

 

(Rules 44.9 and 44.11 make provision in relation to orders for costs made before a claim has been allocated to the small claims track)

 

(2)The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

 

(a)the fixed costs attributable to issuing the claim which –

 

(i)are payable under Part 45; or

 

(ii)would be payable under Part 45 if that Part applied to the claim;

 

(b)in proceedings which included a claim for an injunction or an order for specific performance a sum not exceeding the amount specified in Practice Direction 27 for legal advice and assistance relating to that claim;

 

© any court fees paid by that other party;

 

(d)expenses which a party or witness has reasonably incurred in travelling to and from a hearing or in staying away from home for the purposes of attending a hearing;

 

(e)a sum not exceeding the amount specified in Practice Direction 27 for any loss of earnings or loss of leave by a party or witness due to attending a hearing or to staying away from home for the purposes of attending a hearing;

 

(f)a sum not exceeding the amount specified in Practice Direction 27 for an expert’s fees;

 

(g)such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably; and"

 

Could you please explain how you think the Defendant behaved unreasonably in this case?

 

I presume this Claim has been allocated to Small Claims track?

 

He is making us travel miles to the hearing and we will have to stay overnight.

 

If you win, then you can claim travel and accommodation costs.

[howardhewit]

Also, if you win they will have to pay court fees and loss of earnings if you have to take unpaid time off work to attend the Court. Additional costs can be claimed for any witnesses, as long as it is necessary for them to attend the Court.

[Tryinhard]

Thanks for the reply. When I asked the guarantor for the money (LBA) all hell broke loose and the family came to the house and tampered with it and then sent us the photographs which look awful. It will be hard for the judge to decide which way to go with those they are good . The tenant said he left because of the repairs that needed doing. We are fighting this as we wont be blackmailed into giving in.

When they sent the photographs they said that they had taken the stuffing out of the sofa and set it on fire to prove we were in breach of the fire and furnishings regs of 1988 . Although they took the label off. In the letter is says who did it and in the defence she wasn't there at all. In the letters he left on a certain date and when they were caught out changed it on the defence.

 

As the defendants have taken it this far we feel that they should have taken legal advice regarding their position. They have not and this was confirmed by the mediatior (mediation being no use as they can not give any legal advice themselves). We have taken legal advice in the early stages and our solicitior said we had a good case so I have continued with it.

 

Surley what they have done can not be legal but they feel they were within their rights to do it.

So my meaning of Unreasonable Behaviour is by not taking legal advice regarding their position because we are at a loss of how it has got this far. It seems obvious that it is not looked at when allocated.

Edited November 21, 2011 by Tryinhard

[Tryinhard]

Sorry I forgot to add.

So you are saying that it is up to the judge to decide on the day about Unreasonable Behaviour and it is not to be requested ?

Also as joint defendants who are father and son and live at the same address do you know if they both need a court bundle or will one be enough ?

 

Thanks

[howardhewit]

So you are saying that it is up to the judge to decide on the day about Unreasonable Behaviour and it is not to be requested ?

 

You can of course mention it, however the Judge will have a final decision on that.

 

So my meaning of Unreasonable Behaviour is by not taking legal advice regarding their position because we are at a loss of how it has got this far

 

I do not believe that this would constitute unreasonable behaviour from their side.

 

Also as joint defendants who are father and son and live at the same address do you know if they both need a court bundle or will one be enough ?

 

For your piece of mind, make two copies of the court bundle and send them both using Recorded Delivery.

[Tryinhard]

Thank you for your time.