Eviction – Judge thinks non-existant deposit should have been protected?

Eviction – Judge thinks non-existant deposit should have been protected?

16:07 PM, 14th November 2022, About 3 weeks ago 19

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Finally had enough of a bad tenant – constantly behind on his rent. I issued him with a Section 21 notice in December 2021. Naturally, he ignored the deadline to leave by mid-February 2022. He took me to court for wrongful eviction.

His free legal aid for the day looked at the tenancy agreement. It had not been renewed, or rent increased, for 8 years. There was no deposit. Both of us had signed there was no deposit.

The judge only wanted to discuss the 8-year-old tenancy agreement. Nothing else!!! He decided that just because my tenant had signed that there was no deposit, it did not mean that this was the case and that the non-existing deposit should have been lodged with a Tenancy Deposit Scheme.

He was about to dismiss my Section 21 action but, relented when I pointed out the obvious. My TENANT HAD SIGNED THAT THERE WAS NO DEPOSIT. My tenant did not dispute that he had signed! We’re back to court next February, a full 15 months after initiating a “no-fault” eviction.

It seems to me that landlords not only have to put up with bad tenants, and an ever-increasing array of ‘driving-up-standards’ laws, but judges who have a weird, tenant-leaning approach to applying the law.

TJP



Comments

Jan Martin

17:20 PM, 14th November 2022, About 3 weeks ago

I had a really bad experience with the court around 3 years ago.
Up until then I had fair outcomes on the few occasions I needed to attend.
I felt that the magistrate was so very unfair and I swore that I would never take anything to the court again .No interest in the landlord at all .

LordOf TheManor

19:27 PM, 14th November 2022, About 3 weeks ago

Appeal??

The hope would be that another pair of eyes would see that re-hearing the case is a complete waste of time - and might see fit to deal with the matter sooner.

All the best.

Seething Landlord

20:55 PM, 14th November 2022, About 3 weeks ago

Is this about the S21 or the tenant's claim for wrongful eviction?

NewYorkie

12:03 PM, 15th November 2022, About 3 weeks ago

How does a tenant appeal a S21?

Jan Martin

12:13 PM, 15th November 2022, About 3 weeks ago

My own experience at court was not the same and did not involve section 21. I had good inventory and written letter also from clerk but the magistrate was a solicitor for child and family and the tenant had support from shelter . All I kept hearing was "This is a case for wear and tear" It was a total waste of time and money as far as I was concerned.

Judith Wordsworth

13:52 PM, 15th November 2022, About 3 weeks ago

The saying the Law is an Ass is not unfounded lol

Chris H

13:54 PM, 15th November 2022, About 3 weeks ago

Reply to the comment left by Jan Martin at 15/11/2022 - 12:13Having been to court 3 times, 1 x no reply, 1 x no show, the 3rd fought in court, many lies told by the tenant, evertime I proved it was a lie, the Judge simply held they were a lay person and I had the higher duty of care..... a fair claim for 2.2k got cut to under half and the Judges manner made it clear I was lucky at that, most of the damage, theft and rubbish left was "par for the course in the life of a landlord"
The judge stated claims for carpet damage, any painting,decoration including chunks of plaster missing and really all rubbish are not claimable, on the above, only rubbish removal was claimed, then theft and damage, burns in a new carpet struck off. Avoid court if possible, as the prior tenant if you win, will likely simply not pay and the only benefit is a ccj against the former tenant : /

Jan Martin

14:07 PM, 15th November 2022, About 3 weeks ago

Over the period of more than 20years I have claimed a few times and have found the courts very fair and always with proper inventories etc I have won my case . The last time was so awful I even found a bit of banter between tenant and magistrate . When they make the decision thats it. Never again . Definately different attitude towards me. Seems like there is different attitudes towards Landords now from all directions .

Luke P

14:18 PM, 15th November 2022, About 3 weeks ago

Reply to the comment left by Chris H at 15/11/2022 - 13:54
Which is precisely why you only take a home owning guarantor, which is quite often close family, having the added benefit of a different kind of 'pressure' upon the tenant when arrears crop-up (and you can dispense entirely with the hassles and pitfalls of any deposit/deposit scheme).

Seething Landlord

14:29 PM, 15th November 2022, About 3 weeks ago

Reply to the comment left by Luke P at 15/11/2022 - 14:18
Of course, having a guarantor provides additional protection but it is still necessary, if challenged, to prove to the satisfaction of the Court (1) the amount of your loss and (2) that the tenant is legally liable to pay it.

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