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Nicola-mod
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Hi I hope you are well. I had a tenant evicted by a solicitors

Customer Question

Hi I hope you are well. I had a tenant evicted by a solicitors firm after he failed to pay rent for 9 months. I have always been good to him. The tenant responded with a counter claim saying he had been harassed for over a year. He made up a lot of fabricated stories up one being I allegedly planted someone in the building to harass him. This was totally false because they were very friendly with each other at the begining then they fell out with each other.
The judge said he wanted it to go to trial and set out the the order with specific deadlines. My solicitors failed to inform me of the dates before the deadline. I applied for an extension and the judge gave me a 15 min hearing to which she had the case struck out in the tenants favour.
It was now been over 2 months since the hearing. We now have to go back again to the court to determine how how much I have to pay the tenant. The judge did say he had say how much he wants for loss and damage with evidence. The tenant has asked for more than £6500. £4000 for one years rent since the guy [who I allegedly planted] was apparently harassing him, and 2500 for moving to a new home cost.
Questions I have are.
1. I really feel justice has not been done. I really really want a trial so I can show the tenants lied about everything. I wanted to appeal but a lot people told me I had no chance since the deadline was not met. Is it worthwhile given everything is working against me to appeal and also it is over 2 months now.
2. I am also a full time carer for my mother for the last year or so. Can i use this to suffice my late appeal
3. In the appeals form should I go into details about the fact that the tenant has lied regarding harassment or just stick to the last order which I am appealing against.
4. Briefly can you tell me how to write out the appeals form
many Thanks
Submitted: 1 year ago.
Category: Law
Expert:  LondonlawyerJ replied 1 year ago.
LondonlawyerJ :

hello I am a solicitor with 20 years experience. I will try to help you with this.

LondonlawyerJ :

What was the time limit you missed? Arw you still represented? Is the tenant still in the property?

JACUSTOMER-7kzm4d2p- :

Hi

JACUSTOMER-7kzm4d2p- :

The first deadline to submit the a reply to the counter claim was the 6th of June. I believe my solicitors received the order on the 9th of June. They also delayed in telling me as my solicitor was off work for 2 weeks. They told me on the 27th June. I am no longer represented. The tanant has moved out.

JACUSTOMER-7kzm4d2p- :

We now have to go back on the 6 Jan 2015 to determine I have to pay the tenant for loss and damage. the tenant has already asked for £6500

JACUSTOMER-7kzm4d2p- :

Hello

LondonlawyerJ :

Yes I am here. Just thinking. I am not always here though and fit these answers around my professional commitments.

JACUSTOMER-7kzm4d2p- :

I appreciate you are extremely busy and thank you for your time and your consideration

JACUSTOMER-7kzm4d2p- :

Do you beleive I have a chance of appeal. I really really wanted a fair trial. The tennant has lied through his teeth. And there is no single piece of evidence to his claim. Even the police think he is problem.

LondonlawyerJ :

It seems to me that yo have been badly let down by your solicitor and are in a situation that is too complicated to get useful answers on this site. You need to use another solicitor and you also need to consider the possiblity of seeking compensation from your old solicitor in negligence. The usual deadline for any appeal in the civil court is 21 days from the date of decision. Are you within this.

LondonlawyerJ :

I can't emphasise enough you should get representation again in this.

JACUSTOMER-7kzm4d2p- :

My solicitors error is almost unforgivable and I have already raised a case with the ombudsman. How other solicitors dont want to get involved I have asked around.

JACUSTOMER-7kzm4d2p- :

I think I have looked at this in many ways and I think I will have to let it take its course and whatever little I can just to get some satisfaction

JACUSTOMER-7kzm4d2p- :

The time has gone beyond 21

LondonlawyerJ :

If you are after 21 day sit will be very difficult to appeal unless the County Court gave you a longer period in which to appeal at the hearing. The rules re: appeals appear at CPR Part 52 http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52#52.1. Are you the Defendant or the Claimant in this case who is also facing a counterclaim from the Defendant?

JACUSTOMER-7kzm4d2p- :

However I am a full time carer for my mum. I was hoping this would be my reason to explain why my appeal is beyond the 21 days expiry date

JACUSTOMER-7kzm4d2p- :

I am the claimant

JACUSTOMER-7kzm4d2p- :

and facing counter claim

JACUSTOMER-7kzm4d2p- :

The only reason I am more inclined towards appealing is because we had to go to the court last week to determine how much I would have to pay the defendant. This particular judge was a little surprised that an appeal had not been submitted. This was the first judge to hear this case. The case was struck out by another judge. Last weeks judge was the original judge. However the court had lost both parties paper work hence why it has been rescheduled for the 7th jan.

LondonlawyerJ :

You still have a claim for unpaid rent I take it. How much is that? If your claim succeeds then his counterclaim will operate as a deduction from that? Why is there talk of you owing anybody anything?

JACUSTOMER-7kzm4d2p- :

The rent is owes is around £3000 but apparently that has now been wiped off because of the deadline was not met. The talk of me paying is because the tenant accepted liability of rent however he counter argued that by saying he was harassed and illegally evicted

JACUSTOMER-7kzm4d2p- :

His Loss and Damage

LondonlawyerJ :

I do not understand why that would be the case. Your primary claim is not your reply to the counterclaim.

JACUSTOMER-7kzm4d2p- :

My primary has been struck out in its entirety and the defendants claim is upheld thats what it says on the judges order. He counter argued that he was harassed hence he did not pay any rent. {thats nonsense since he was on Housing benefits and Housing Benefits stopped his claim] But to this he says I was stealing his letters hence he could not reply to the housing benefits requests. Hence why we have to go back to determine the amount I have to pay him. This is why I wanted to if I can make an appeal

JACUSTOMER-7kzm4d2p- :

My claim is struck out due to failing to submit paperwork on time and his harassment claim is upheld

LondonlawyerJ :

I don't think I can help much more with this. You need to get representation.

JACUSTOMER-7kzm4d2p- :

Is it worthwhile me appealing in your opinion

Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola

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