Tenants solicitors have read my statement before submitting theirs?

Tenants solicitors have read my statement before submitting theirs?

9:15 AM, 13th October 2023, About 8 months ago 3

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Hi again 118’s, so I’m going to trial re-counterclaim for disrepair. I’m truly by to gain repossession of my house. The courts stated that statements from both sides had to reach the courts by 4 pm.

Mine did – but the tenants was seven hours late. I have just had sight of the tenants statement and it is obvious that they have waited for my statement to reach their point of contact and weaved their lies around my statement.

Does anyone out there know if this is legal??

Tracy


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Morag

20:44 PM, 13th October 2023, About 8 months ago

Well I did once go to court on behalf of my sister to try and evict an obnoxious tenant who had been in continuous arrears since a month after moving in and owed around £2800. I had amassed a full portfolio of evidence for court, but the night before I got a call from a Legal Aid lawyer for the tenant, who advised me the tenant couldn't find any of her tenancy paperwork and requested to see my evidence. I checked to see if I had to do this and was told I did. I then turned up at court and the lawyer stated our Section 33 eviction (Section 21) was invalid as the Tenancy Agreement said the initial term ran "from the 16th Jan to 15th July" which apparently meant it started on 17th in legal jargon, therefore it was a day short of six months and we couldn't serve a Section 33. The case was postponed for a month. At the next hearing, they claimed repairs not done, postponed again. A complete lie as we had made every effort to deal with repairs despite her failure to cooperate and entitled demands while still in arrears. Finally we dropped the eviction as her solicitor promised she would make up the arrears. She was probably advised she'd better pay up as she was hoping to get a brand new council house nearby. She had the cheek to ask a little later to be evicted again to help get a house, but we said we couldn't now as no grounds. She eventually left a few months later, but left the place a mess, with arrears on her utility bills and a pre-payment meter we couldn't get rid of.
Long story short, in Scotland at least, it seems we do have to give the tenant every chance to get one up on us by seeing our evidence before they file their excuses.

Trapes

8:09 AM, 14th October 2023, About 8 months ago

Reply to the comment left by Morag at 13/10/2023 - 20:44
Thank you Morag
That sounds horrific! So sorry to hear that!
I can not understand how that can be allowed.
What is the point of having the deadline for the court ?
It can’t possibly lead to a fair trial!

Lisa008

9:24 AM, 14th October 2023, About 8 months ago

I don't know if its legal, but I'd write to the judge / case handler and point out this is what they've done. My experience of going to court and dealing with sh#t#... evidence everything. Leave nothing to chance.

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