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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Good afternoon, My previous tenants left my property on the

Customer Question

Good afternoon,
My previous tenants left my property on the 15th March 2015 and stopped paying the rent from 30th Jan owing me a total of GBP2208.00. They claim I failed to address some condensation in the flat. In contrary to that I sought for two damp specialist and a condensation specialist to visit the property and within nine weeks of they first notifying the issue two air bricks were installed to help with air flow and I replaced the extractor fan in the bathroom to help out with extra moisture. I have claimed the deposit of GBP1890 to be paid to me to partly cover the rent arrears but they claiming two months compensations plus GBP600 for damaged clothes by mould to total GBP3700.00 and will not allow ADR through TDS but are now filing for small claims court. My question is: are all cases accepted by the small claims court? in cases like mine, would they not send it back for TDS adjudicator to decide? I have all invoices, reports to support the works done. Any input would be highly appreciated. Kind regards, Esther
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
No, it would be considered by the small claims court. They don't send things back to TDS.
Small claims courts can strike out cases in circumstances where there is no properly arguable claim but that is not the position here. There is a claim. There is just another venue at which it can be heard.
To be wholly honest, courts are always hearing matters that should be in other venues. Criminal courts spend half their opening hours hearing things that should be in the family court.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
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Customer: replied 1 year ago.

Hi Jo
It just that their claim has no reasonable foundation, I believe tenants cannot just stop paying the rent claiming disrepair when what happened was completely the opposite.

What do you refer to when you say there is another venue at which it can be heard?

Expert:  Jo C. replied 1 year ago.
There claim does have a reasonable foundation. If it is taken at its highest it would amount to a claim which is the only test.
Your point is that they are factually wrong which is quite often the case but it is not a ground to strike things out before hearing the matter.
Another venue means another court or other adjudication. Domestic for instance, in my opinion, should be in the family court or better still on the Jeremy Kyle show instead of clogging up criminal courts!
You might well succeed in court. The fact that they have an arguable case doesn't mean they will win.

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