Exonerated after 5 years – Fergus Wilson
Following 5 1/2 years we have a Judgement which entirely exonerates the landlord, Mrs Judith Wilson, who was accused of 1) Harassment 2) Unlawful Eviction and 3) Disrepair. This is a very important judgement and the transcript is to be published on the Internet for the benefit of all landlords.
It is so easy to make an array of allegations but the truth is a different matter. Everything including the kitchen sink was thrown at the landlord, but the result was that the Landlord had done nothing wrong.
Landlords should note the wording “The Counterclaim against the Claimant was Entirely Without Merit”.
It will be about four weeks before a transcript is available and published. I suggest it will become very important as the Judge pointed out the precision with which the claim (or in this case counterclaim of £10,000) has to be set out.
It was very much a case of Rudyard Kipling’s sic helpers Who? What, Where, When, Why, How?
Fergus Wilson
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Greater support needed for Landlords with low EPC ratings
Member Since November 2013 - Comments: 158 - Articles: 1
2:14 PM, 5th November 2018, About 7 years ago
Hi Fergus, and Congratulations! I’m in the middle of an S8 claim where a counterclaim by the tenant is causing added grief. Is there a link to your cited case including details of this counterclaim, please? Usually it seems that the burden of proof is on the landlord to prove beyond doubt that the defendant’s allegations are *not* true, rather than the defendant providing evidence to support them. Are there specific words/phrases used by your side to insist that the defendant provides indisputable proof (which she apparently couldn’t)? Many thanks! Regards, Richard
Member Since February 2011 - Comments: 3453 - Articles: 286
3:00 PM, 5th November 2018, About 7 years ago
In response to Richard Peters:-
If you would care to send to me your email address I will send to you day one.
It is for the tenant to prove his Counterclaim rather than you disprove the Counterclaim.
It is for you to prover your claim rather than the Defendant Tenant disprove it!
Fergus Wilson.
Member Since November 2013 - Comments: 158 - Articles: 1
3:10 PM, 5th November 2018, About 7 years ago
Reply to the comment left by Neil Patterson at 05/11/2018 – 15:00
Thanks Neil! [email protected]
Member Since October 2018 - Comments: 71
4:04 PM, 5th November 2018, About 7 years ago
I imagine the defendant named above will have trouble renting a property from any of the landlords who are registered on here.
Member Since May 2016 - Comments: 1575 - Articles: 16
9:52 AM, 6th November 2018, About 7 years ago
I can think of a few blogs who have villified Fergus who won’t be publishing this story, selective perception ( bigger legal wording for plain ole Bias )
Member Since August 2018 - Comments: 158
10:10 AM, 6th November 2018, About 7 years ago
Please send a copy of this to Shelter!
Member Since September 2014 - Comments: 138
9:25 PM, 6th November 2018, About 7 years ago
The government is going to publish rough landlord database, isn’t fair to have rough tenants database?
Member Since May 2016 - Comments: 1575 - Articles: 16
9:51 PM, 6th November 2018, About 7 years ago
Reply to the comment left by wanda wang at 06/11/2018 – 21:25
Of course Wanga, its just that THE Only people interested in that idea , are Landlords. Nobody can see that damage bad tenants are causing the majority of good tenants. Bit like trying to tell a shop, hey, you can’t increase prices by a margin ‘just because some shoppers steal from you.’
Therein lies another problem, not paying rent or damaging a residential property isn’t a crime if its in the PRS.
We are playing against a stacked deck.
Hey Mark, what became of the conversation you had with that judge on the plane about lack of criminal action against tenants ?