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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello I just need to be clear about one of your responses

Resolved Question:

Hello
I just need to be clear about one of your responses to my previous question.
Should the notifying letter the landlord prior to proceeding for injunction, should include all reasons that I am putting in my statement to court? Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Yes you should notify before you intend to apply

Alex Watts :

Allow them a chance to remedy

Alex Watts :

Can I clarify anything for you?

Customer:

I know that I should notify, but do I have to state all the reasons I ma stating in my statement to court?

Alex Watts :

You don't have to but you can

Alex Watts :

When you go to Court and if the Judge grants it, you will be required to provide a copy of your statement to the other side in any event

Alex Watts :

Does that clarify?

Customer:

Yes thank you. Have a good evening.

Alex Watts :

And you.

Alex Watts :

Please remember to rate before you go

Alex Watts :

If the system wont let you please say

Alex Watts :

If you need more help please click reply!

Customer:

Hi sorry let me ask you this question before submitting my rate.

Customer:

Do you know what is "statutory Declaration" in relation to lease.

Customer:

Some body told me that we could go to court and ask the judge of the meaning of a clause /provision in the lease before I apply for injunction. Is this true?

Alex Watts :

Stat dec does not apply to a lease. It only applies to proceedings once concluded you go before a Court, make a stat dec saying you knew nothing about them

Alex Watts :

Does that clarify?

Customer:

Not really> How can I make a Stat dec anyway?

Alex Watts :

The only way you can make a stat dec is to ring the Court, make an appointment, go before a Judge

Alex Watts :

Does that help?

Customer:

Sorry in relation to your response above, "you knew nothing about them". I knew nothing about what? Also

Alex Watts :

You can only make a stat dec if you knew nothing about any proceedings

Alex Watts :

Otherwise you can't make a stat dec

Customer:

would some one like me qualify for that?

Customer:

like can i make a appointment and say that I want to go before a judge for stat dec and when i see the judge, explain the situation and say I want to apply for injunction to stop action of the landlord showing him the lease provision that I would be relying on. can I do that?

Alex Watts :

If you want an injunction that is DIFFERENT to a stat dec

Alex Watts :

For an injunction you need to use forms

Alex Watts :

N1

Alex Watts :

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

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

Does that clarify?

Customer:

Ok I still don't understand what Stat Dec is? lets forget about that. I have more question. Do you want me to rate you first and open a new question?

Ash and 3 other Law Specialists are ready to help you