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Teddy12

Illegal eviction damages claim

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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

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In small claims track, a third party (such as a wife or other family member) only has the right to represent a party if the party is physically present in court. If a party is in hospital, his wife has no legal standing to represent him.

 

The rules are pretty clear on that - you can only be represented by a solicitor or barrister if not present.

 

Though to be fair it is very possible - probable in fact - that the judge would just let it slide and hear out the wife despite what the rules say, rather than go through the bother of rescheduling the hearing.

 

To me it sounds like yet another reason why the landlord should try reach a settlement in advance of the hearing.

 

Yes the tenant is liable for damage to the property, if the landlord can prove that the tenant damaged the property (e.g. by a check-in inventory compared to a check-out inventory). But I think the landlord also has to accept he did not protect the deposit and there will likely be a penalty for that.


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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!

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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 likely to dismiss the case due to the claimant not providing the evidence ordered?

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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

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Thanks very much for keeping this thread updated. I'd be very interested in any further developments if you don't mind

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Yes, thanks very much indeed for the update.

 

It sounds like the landlord was lucky to get off lightly on this occasion.

 

The landlord would be well advised to heed the judge's warning, and to offer a settlement to the tenants to settle their other claims. Otherwise it sounds like the landlord risks new claims being brought against him which as the judge said could cost the landlord tens of thousands.


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