The county court asked me to send them an email with the deposit information (which was confirmation from the deposit protection scheme) as the file had already gone to the judge. They said they would keep it in my online file, but they were not able to send it to the judge, the judge would be able to see if they checked it online. I sent that email as soon as I received the defendants notice, but I think there was some overlap with the timings.
Yes the judge made an order for listing for a hearing on 6th October. The judge requires me to send to the court and defendants a written statement setting out the substance of my evidence in relation to the deposit and any documents that are relevant. This is the information I already sent via email (as advised by the county court to do so as it was in relation to the defendants defence).
However, the defendant has clearly lied about not receiving the deposit information. Because, the DPS said they emailed it to him. In September last year, the tenant sent me a letter asking for the deposit information saying they never received it, I called the DPS who said whilst they were not able to give me the letter they sent to the tenant, they can confirm the date they sent it and asked for the tenant to contact them directly. I told the tenant this via email (which I have a copy of and forwarded to the county court) as well as called the tenant to let them know to contact the DPS directly and to check their emails.
As soon as I received the tenants defence claiming they haven't received the deposit information I called the DPS again explaining the situation. They asked me to send them an email with the request, to which they replied by email confirming the details to which they sent the tenant their deposit information to. I forward this email to the county court as well.
The tenants have been quite difficult for the year. They don't pay their rent on time, however they are not overdue. They also lied to me about looking for a property to move to, but they can't find one. I know they lied to me because I found out when contacted the council (a different issue, they are asking the council for a 'house'), the council member contacted me because some things the tenant said did not add up and the 'story' mentioned to the council was different to what was said to me.
Sorry that is a lot of information, however I rather give you all the information rather than less. Hope you can help.
No, nothing as such. Where would I see that?
Normally it would say: Upon Judge xxx considering the matter it is ordered that the matter be listed for hearing on xxxx date etc
This order has been made without the parties present and either party may apply to set aside
It should say this somewhere
You should complete form N244
And make an application that the hearing be vacated and a Judge consider it on an accelerated basis
You should set out what information you supplied to the court and when
The matter will go before a Judge who will consider your application and whether or not to grant it
If it is dismissed then sadly you need to wait until the hearing date
Can I clarify anything for you about this today please?
Yes no problem at all. I will also get back to you on the exact wording of the matter in a few hours.
Hi Alex, unfortunately that's not what it says on the form.
the form says 'it is ordered that on considering the court file and the defendants defence: list for hearing on 6 oct xxxx time estimate for determination of the following issues: whether the prescribed information in relation to the money deposit and the operation of the tenancy deposit scheme had been provided by the claimant to the defendant at the date of service of the section 21 notice.
Please could you clarify the following for me:
1) The tenant sent me a letter requesting information about his deposit. I replied by email asking him to contact the deposit scheme. Is this response adequate enough?
2.) Upon serving the s21 notice, I used a template found online. The template did not require me to provide information on the deposit. I served the s21 notice 2 months from the letter about the deposit (point 1 above). Am I required to provide deposit information with a s21 notice?
3.) What are my potential next steps. The court order asks me to provide information that the deposit money was provided at the date of service of the s21 notice, I don't believe I have specifically done this. In this case, what can I possibly do now? What are my options?
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