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

Frank Jennings

15:58 PM, 15th November 2022, About 3 weeks ago

Reply to the comment left by Seething Landlord at 15/11/2022 - 14:29
This is typical of the current judicial system. Judges simply are not playing fair anymore. (Did they ever?)
It does make one wonder if this injustice is to continue that landlords will not bother to seek possession of their property from a non paying problem tennant, via the courts, (and suffer all the time wasting and costs involved), but will just send in the heavy mob and deal with the flack afterwards. No doubt many will be tempted to take the law into their own hands, as they are simply not getting the justice everyone deserves.
I have had dealings with judges in tribunals and they simply did not care what I had to say, refused to read my 12 page statement, and believed all the lies from the other side with out question. I think the whole system is completely corrupt from the Royal family, the law courts down to the police and politicians. Ultimate power corrupts ultimately is true now as it ever was. Our uncivil servants are not serving us, nor justice, nor are they respecting the truth. They are all corrupted, and I think it will all end in tears. They are contempable in their own courts, and they make it a farse.

Chris H

17:41 PM, 15th November 2022, About 3 weeks ago

Reply to the comment left by Luke P at 15/11/2022 - 14:18
I had a guarantor, a lovelyhonest chap, the tenants rich uncle, he passed away, this fact was hidden from me, once the estate was settled it left me nothing to claim against.

Leo Scott

19:23 PM, 15th November 2022, About 3 weeks ago

Reply to the comment left by LordOf TheManor at 14/11/2022 - 19:27
It's not fair the way the law is totally abuse landlords..and a lot off tenants play on this. the law has to be change or they will be no landlords the government are out to destroy landlords

Frank Jennings

9:31 AM, 16th November 2022, About 3 weeks ago

The judges these days are unfair and dictatorial. I had one judge answering his own questions for me, after he told me not to speak, or else he throw out my case. After the 4th question he asked me, and was about to answer for me, I lost it and told him exactly what I thought if him and his kangaroo justice system. He didnt like it, and went purple. The judges I suspect of being directed or "guided" and forced to side with the tennants side by default, simply because the govenment/council can't afford to house a non paying evicted tennants. They want to ensure the tennants aren't evicted, by hook or by crook. Who's judging the judges, that's what I want to know? The judicial system is corrupt and needs to go, now!

Duffy

10:38 AM, 17th November 2022, About 3 weeks ago

Make sure you take out rent protection insurance and legal fees protection insurance

Julia Lloyd

22:11 PM, 17th November 2022, About 3 weeks ago

Curious as to how the tenant, procedurally, got to point of issuing an unlawful eviction claim. Were you using the accelerated possession procedure, which is usually on paper only unless there's a viable defence?

NewYorkie

9:59 AM, 18th November 2022, About 3 weeks ago

Reply to the comment left by Duffy at 17/11/2022 - 10:38
Make sure you have documented evidence of tenant referencing, otherwise, you are unlikely to be able to claim.

DebbieB

17:20 PM, 21st November 2022, About 2 weeks ago

Reply to the comment left by Chris H at 15/11/2022 - 13:54
That was exactly my court experience too. Items proven to be new when tenants moved in only 12 months before were trashed or stolen. I had a professional inventory and check out (not done by me), yet the judge said I shouldnt be wasting court time making wear and tear claims. Why have judges suddenly got a social conscience, are they letting shop lifters off too??

nekillim200

10:32 AM, 23rd November 2022, About 2 weeks ago

Reply to the comment left by DebbieB at 21/11/2022 - 17:20
Yes, they are letting shoplifters off as well!!!

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