Trying to evict tenant that now has Legal Aid and suing me?

by Readers Question

10:20 AM, 25th April 2016
About 3 years ago

Trying to evict tenant that now has Legal Aid and suing me?

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Trying to evict tenant that now has Legal Aid and suing me?

I have tenant in my property since July 2010, I taken deposit from him in the sum of £1500 which was protected in 24 days. (Although it was required at the time to protect within 14 days).going to court

Please note that he is in Statutory Periodic Tenancy and his tenancy has not been renewed since July 2011.

I served him section 21 Notice back in November 2015 which has already expired. I have submitted “Accelerated Possession Proceedings” however, the tenant argued that, “Boiler is in disrepair” as he reported this faulty and straight after I submitted Claim form, however, boiler was repaired immediately. Nonetheless he has lied that, boiler has not been repaired.

Secondly, he has argued that, I did not provide him prescribed information in relation to Tenancy Deposit Protection” therefore Judge listed the case for 15 minutes hearing last month to discuss the issues relating to:

“Whether or not alleged Boiler Disrepair Issues fall under Section 11 act.

“Whether the regulatory requirements were met in relations to Deposit protection”.

I attended the hearing and surprisingly, the tenant has managed to get “Legal Aid” and he was represented by advocate and barrister who argued that, regulatory requirements were not met in relation to deposit protection as deposit was protected within 24 days not 14 as at the time I taken the deposit the rule was not 30 days but 14 days and ignored any deregulation bill for new 30 days rules.

He further contended that, Boiler is in disrepair and has never been repaired since November 2015 when it was reported faulty this is of course a lie as I have 3 receipts from registered plumber that boiler had been repaired.

In relation to Tenancy Protection they are also arguing that, they never received this information from me “However I have proof of service” from post office confirming this.

The judge has now listed the case, for 3 hour trial to discuss this matter as a “Live Evidence”. Since Boiler has been repaired, I have not heard anything further from him however his advocates are playing up on this and attempting to use this against me and really misusing the system in other words regardless of what I do they will always say that, Boiler is in disrepair.

Could you please advise me, where do I stand with my case, any advice will be most appreciated.

Thank you

Simon

 



Comments

Neil Patterson

10:22 AM, 25th April 2016
About 3 years ago

Hi Simon,

I am thinking now is the time to seek professional help. Please see our tenant eviction page under the legal tab >> http://www.property118.com/tenant-eviction-2/

Charles King - Barrister-At-Law

12:16 PM, 25th April 2016
About 3 years ago

I am sure Neil and/or one of the other contributors to this site could help you enormously Simon - it probably really is time to seek professional help, which will come at a cost (probably more reasonable than you suppose given your potential exposure to damages and legal costs at present). The deposit protection rules themselves are a minefield, and sometimes the best advice is to offer to pay the tenant off and to make representations to the Legal Aid Agency to pull the tenant's representation. Mark Smith or myself at Cotswold barristers offer 15 minutes free advice, but there will be others who will be more than willing to help if you ask. Best of luck, and try not to get too stressed over it or to lose too much sleep

13:46 PM, 26th April 2016
About 3 years ago

i recently seen a tenant defend s8 with legal aid and it was set for another hearing for evidence but the cost of that first hearing was approx £4000-£5000 so this could escalate dramatically if the evidence supports the tenant get legal advice it will be cheaper in the long run

Simon Hall

21:32 PM, 26th April 2016
About 3 years ago

Thanks Charles and Ashley.

Ashley this is quite worrying...can you please elaborate?

Mr King, I have attempted to contact you and left message with your assistant and I have also sent you an email but no response.

Charles King - Barrister-At-Law

22:48 PM, 26th April 2016
About 3 years ago

Apologies Simon, let's hope we can talk tomorrow

17:16 PM, 27th April 2016
About 3 years ago

S21 struck out for late issue of S48 rent arrears accrued before issue of s48
would this be correct

Michael Barnes

11:08 AM, 1st May 2016
About 3 years ago

"Tenancy renewed 2011".
Did you handle the deposit and prescribed information correctly at that time and when tenancy became statutory periodic?

Simon Hall

15:14 PM, 1st May 2016
About 3 years ago

Hi Michael,

It has been running under periodic terms and it has not been renewed. Deposit had been protected properly, however their counter claim is very superious.

Please send me your contact details on hallsimon509@gmail.com so I can discuss this in more detail. Thanks.

Michael Barnes

23:20 PM, 4th May 2016
About 3 years ago

Reply to the comment left by "Simon Hall" at "01/05/2016 - 15:14":

I only discuss on the forum so that others may marvel at my wisdom and tell me when I am wrong.


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