No. The only reason I know about the counter claim is that the CAB solicitor mentioned it at the previous hearing and that they had suggested to me that they will not make one provided I cancel the tenants debt, which seems totally out of proportion (it is about £5,000). I have asked them to provide references to court cases but they have not done so.
So is he defending on the basis of these problems or actually lodging a counter claim?
Is the hearing listed a first hearing please?
I am not sure that you can defend the section 21 (provided all the paperwork is in order). Can you ?He and CAB have only verbally told me about the counter claim and the idea that they want me to pay an amount equal to the tenants debt in compensation.
The hearing must be the first as the first time when we met the paperwork was not in order and the judge said that a new date would have to be set up. If there is a special meaning to the word "first hearing" then please help me here.On the first occasion I spent ½ hour with the estate agent discussing with the solicitor from CAB. We did not really discuss the counter claim. The case was dismissed because of the wrong AST was submitted but the judge did ask about the size of the counter claim and the tenant asked for the maximum amount that he could get. The CAB solicitor did not really go into the claim.
I have been discussing the matter with CAB but that is with a different person from the one I met the first time.The tenant is suffering from some kind of mental illness as well as his physical handicap, which makes everything much worse. The tenant believes that everyone is out to pursue him. The worst persons are the council and the estate agent who have done all sorts of things to him. He is convinced that he is entitled to a large (VERY LARGE) compensation.To sum up:It is the first hearing and the tenant have verbally told me he demands compensation but I have not had this in writing or as part of the defense he should have given me last year (court case is 4/2).
I assume it is because of arrears.
In that case a Judge cant set aside a Section 21 notice
Once it has been served it is valid notice
If it is on the basis of rent arrears the Judge has a discretion to make an Order for possession.
The Judge can order outright possession, a suspended order (that is the tenant will pay £x a week), or dismiss it
However if there is no counter claim served by the Court then there is NO counter claim
Only if the tenant serves a counter claim would you have to defend that
All a Judge is going to be concerned about at the hearing, is it reasonable to make a possession Order
If the tenant is more than 8 weeks in arrears or has made continual late payments then a Judge can make an Order
I am sure it is a term of the tenancy agreement not to deduct or set off any rent
Therefore the tenant has no excuse whatsoever in terms of any purported claim against you
Do not worry about the counter claim -it is not live and many CAB people are not lawyers
If you get Judgment you can ask for a CCJ on arrears too so that can be enforced.
But in any event the tenant must prove about the problems
I am sure you have evidence to the contrary
Therefore you need not be concerned. The tenant must serve on you a counter claim and schedule of damage
But if there are £5000 in arrears this is high and a Judge is likely to grant possession
Can I clarify anything for you about this today please?
what do you mean by "-it is not live" ?
I already have a CCJ against him. He continues to not pay his top up.When you say that the tenant must serve on me a counter claim then you mean that he must do that a part of a separate court case ?
No, that is what I am going to court to get.
I used the MCOL online to get that.
I am only asking the judge to grant me possession. Nothing else.
Yes I believe so. When he haven't filed a counter claim, does that mean he is prevented from bringing it up in the court ?
OK. Good!Go ahead
Yes, sorry. I was a bit quick with my reply.
I don't understand why the CAB haven't made a counter claim and are "threatening" me on the phone that they will do it. They should know better.
What do I say if CAB/the tenant brings it up ?
Yes Thank you.
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I am sorry I have not gotten back before now.I will tell you what happened in court later.
Also do you know of any cases about compensation claim for:
2. Being without a proper working toilet (maybe with the twist that the tenants refuses access)
I would like to how the case references (or preferable a printout of them)
I will rate you (positively) after the court case later today.
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Good morning Alex,This is what happened. The tenant was told that he had not followed procedure and filed a counter claim/defense and would not be allowed to do so on the day. However my incompetent estate agent had not filed and served the papers to all parties but just sent three copies to the court for them to distribute (which at least have been the standard procedure). The tenant raised the question whether he had paid a deposit or not. He had a receipt containing a large amount which he claimed was a deposit. This was however related to a previous tenancy (but with the same landlord and in the same property). He also wanted compensation, as I explained.
The judge then ruled that due to procedure faults on both side the tenant was allowed to file and serve a defense within 14 days and we go to court again 28/2 :-( It was unclear whether he could serve a compensation claim at next hearing. We will have to see the order on paper. If the estate agent had done as instructed by the order I would have gotten my flat back!
Thank you for all your help. Alex. It is much appreciated.