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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Property Law. Tenant has accelerated possession. Claims in

Customer Question

Property Law.
Tenant has accelerated possession. Claims in his defendant response that he has not received the deposit information from me. Information was sent to him from the tenancy deposit scheme directly as it is has information that is personal to me that they cannot provide me.
Tenancy deposit scheme has confirmed this to me in two separate occasions.

I sent this information to the court, however I don't think the judge has received it before considering my case and has requested me to go to court with the supplementary information.

The court date is 4 months from now, that is too long for me as it has already been 9 months since I have been trying to get my tenant to leave the property.
T
T
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have you confirmed with the court that the judge did not have it? Has the judge made an order for listing please?
JACUSTOMER-jcbsxugl- :

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.

JACUSTOMER-jcbsxugl- :

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).

JACUSTOMER-jcbsxugl- :

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.

JACUSTOMER-jcbsxugl- :

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.

JACUSTOMER-jcbsxugl- :

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.

JACUSTOMER-jcbsxugl- :

Sorry that is a lot of information, however I rather give you all the information rather than less. Hope you can help.

Alex Watts : Does the court order have a clause saying, this order has been made without the parties etc......
JACUSTOMER-jcbsxugl- :

No, nothing as such. Where would I see that?

Alex Watts :

Normally it would say: Upon Judge xxx considering the matter it is ordered that the matter be listed for hearing on xxxx date etc

Alex Watts :

This order has been made without the parties present and either party may apply to set aside

Alex Watts :

It should say this somewhere

Alex Watts :

You should complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And make an application that the hearing be vacated and a Judge consider it on an accelerated basis

Alex Watts :

You should set out what information you supplied to the court and when

Alex Watts :

The matter will go before a Judge who will consider your application and whether or not to grant it

Alex Watts :

If it is dismissed then sadly you need to wait until the hearing date

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-jcbsxugl- :

Yes no problem at all. I will also get back to you on the exact wording of the matter in a few hours.

Alex Watts : Ok. If this answers your question might I invite you to rate my answer.
Alex Watts : If the system won't let you please do say.
Alex Watts : if you need more help please click reply.
JACUSTOMER-jcbsxugl- :

Hi Alex, unfortunately that's not what it says on the form.

JACUSTOMER-jcbsxugl- :

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.

JACUSTOMER-jcbsxugl- :

Please could you clarify the following for me:

JACUSTOMER-jcbsxugl- :

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?

JACUSTOMER-jcbsxugl- :

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?

JACUSTOMER-jcbsxugl- :

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?

Alex Watts : 1) Yea
Alex Watts : 2) no you are not
Alex Watts : 3) sadly if the court made an order because of a judge you have to apply to set it aside.
Alex Watts : Fill out the form and take the steps suggested above.
Alex Watts : Does that help you?
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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