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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25424
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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WE WERE TAKEN TO COURT BY OUR LANDLORD ORDER OF POSSESSION

Resolved Question:

WE WERE TAKEN TO COURT BY OUR LANDLORD FOR AN ORDER OF POSSESSION AFTER EXPIRY OF SECTION 21 NOTICE. WE MOVED OUT (AS WE HAD TOLD LANDLORD WE WOULD) BETWEEN THE TIME OF HER FILING AND THE DATE OUR RESPONSE WAS DUE. THE COURT FOUND THAT SHE WAS NOT ENTITLED TO USE THE ACCELERATED PROCEDURE FOR ORDR OF POSSESSION AND COMMISSIONED A HEARING. WE ATTENDED FOR THE HEARING ONLY T FIND HER SOLICITOR HAD WITHDRAWN THE CLAIM 3 DAYS PRIOR BUT HAD NEGLECTED TO INFORM US. SOLICITOR STATES WE HAD MOVED SO COULD NOT. OUR NEW ADDRESS WAS ON OUR COURT RESPONSE SO IF THE CLAIMANTS WERE GIVEN ACCESS TO THIS THEY WOULD HAVE KNOWN OUR ADDRESS. SHE ALSO HAD A BUSINESS ADDRESS FOR US AND MY E-MAIL. WHO DO WE SUE FOR OUR COSTS (I LOST A DAYS ANNUAL LEAVE AND TRAVEL)
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask did you ask the court for your costs at the hearing please?

Customer:

We never had a hearing because when we turned up we were informed that the claim had been withdrawn 3 days prior

Joshua :

Thank you. Your information is correct that all parties to a claim must be informed on withdrawal of any claim. If the landord via his solicitor failed to do so they are in breach of the civil procedure rule requiring them to do so.

Customer:

I have asked the solicitor for costs but she has refused - what should i do now?

Joshua :

If you can demonstrate that the landlord had a corect address for service for you then you can consider claiming for travel expenses and lost income in your attendance on the day. You may need to be able to prove that you did attend court in the event of a dispute.

Customer:

I am a doctor working for the NHS and took annual leave for the proceedings - can I claim half a days pay for my time? I was still paid but lost half a day's leave.

Customer:

Is an e-mails address OK? Do we proceed against the landlord or the solicitor who was acting on landlord's behalf?

Joshua :

You can consider writing to the landlord to claim travel expenses and lost income reminding him that he is in breach of the CPR in failing to notify you and advise that unless he makes payment due to you within 10 days you will consider issuing a claim in the county court for the same.

Joshua :

If the landlord refuses to pay the simplest way to issue a claim against him is by using the courts online issuing service:

Joshua :

https://www.moneyclaim.gov.uk/web/mcol/welcome

Joshua :

Email is fine providing you keep a copy so you can prove it was sent.

Joshua :

You would need to claim against the landlord rather than his solicitor - the landlord may seek to counter claim the money from his solicitor if she was negligent but that is a matter between him and the solicitor.

Customer:

Yes I have copies of e-mails to solicitor and landlady. Will they have been given access to our response papers?

Joshua :

Did you send your response pack to just the court or the court and the solicitor?

Customer:

We delivered it to court only

Joshua :

Thank you. The court do not send copies to the claimant. It is posible for the landlord to request a copy of documents held by the court which the court will supply for a fee which I suspect they will not have done. Therefore it is not likely that the landlord will have seen your response to the court.

Joshua :

Is there anything above I can clarify for you?

Customer:

I think that's it thanks Joshua - you have been very helpful.

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