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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex. Since contacting you last September, I have some

Resolved Question:

Hello Alex. Since contacting you last September, I have some new developments regarding my case. The old landlord has defended the case and I have a hearing date for next Friday 24th April. It is for 20 minutes before a District Judge. There has been no communication with the current landlord. The old landlord is being represented by a solicitor who is asking for the claim to be struck out & for relevant costs to be paid by me. In addition the defendant has filed a witness statement saying that I have never shown him proof that he owed me money i.e. sent him the Tenancy Agreement including details of the deposit paid and where it was kept. Was this something I was supposed to do? I assumed that he would have a copy of the Tenancy agreement as it was in his name. I have a few more questions relating to this, but let us start with this one. Thanks, Matt
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Have you asked for judgment against the current landlord yet?
Has the old landlord made an application to strike out?
Customer: replied 2 years ago.

Alex - Pre-action letters were sent to both the old and current landlords. The old landlord has defended himself and asked for the application to be struck out. It is on Friday the 24th that we have a hearing.

I have not had any communication with the old landlord. A letter was sent to him as well, however it was returned unopened and marked "refused" and "undeliverable." As he has not participated in the process I have taken no further action.

I presume this was all I was obliged to do?

Expert:  Ash replied 2 years ago.
On what basis is there a current application for strike out?
Customer: replied 2 years ago.

This is the text in the form:

1. To strike out the whole of the Claimant's Claim Form and Particulars of Claim under CPR 3.4 (2) (a) and/or the court's inherent jurisdiction on the basis that the Particulars of Claim disclose no reasonable grounds for bringing the claim, or in the alternative;

2. For summary judgement under CPR 24.2(a)(i); and

3. The costs of the application be paid by the Claimant, such costs to be summarily assessed at the end of the hearing on the apllication

Expert:  Ash replied 2 years ago.
On what basis do they say no grounds?
Customer: replied 2 years ago.

The Solicitor's sent me an application notice. A cover sheet from their firm attached. On the cover sheet they inform me:

"We enclose by way of service our client's unissued application to strike out the whole of your claim, or in the alternative, for summary judgment and witness statement in support, which has been filed at the Court."

Looking through the Application Form I see that when it comes to section

10. What information will you be relying on, in support of your application? - "the attached witness statement" has been ticked

As far as I can see this is the evidence that is being put forward.

Expert:  Ash replied 2 years ago.
Did they attach a witness statement?
Customer: replied 2 years ago.

Yes I will summarise:

1. This is a Witness statement in support of application

2. Businessman and his interests (background)

3. Details of current directorship. States that he was director of another company which coincides with the time I was a tenant, however he has subsequently resigned, transferred his shares and assigned all interest in that company

4. States he has never let property in his personal capacity

5. Has no knowledge of me, has never let property to me and therefore did not receive a deposit from me

6. Possible that I was a tenant of his old company, (which I was not) but even if this was the case he can not verify this as the records are no longer in his control

7. States that he never received anything from me & I have not produced any evidence that he did. Consequently there is no case and the claim should be dismissed

Expert:  Ash replied 2 years ago.
Do you have evidence that he let to you personally?
Alex
Customer: replied 2 years ago.

In my opinion yes. I have a Tenancy Agreement with the Landlord's name and address marked in the landlord section, though on the cover page it just has his name and old business email, not a personal one - I'm assuming that makes no difference?

This is what surprised me from the beginning because I have a Tenancy Agreement between the defendant named as the Landlord and myself as his tenant. This seems fairly cut and dry to me.

For him to come back and say that he has never heard of me and received no money from me, leads me to believe that he is suggesting that the estate agent erroneously put him as the landlord, when in fact it was his old company. As he is no longer a director, it is no longer his problem. This is the only reason I can think why he is flat out denying knowledge of me.

Expert:  Ash replied 2 years ago.
Ok, you need to file a statement in opposition.
What they have to show is that there is no claim whatsoever, if you can show that there is some merit to the claim, no matter how weak, the claim will continue.
Summary Judgment is when claims are hopeless. So you MUST file a statement with some evidence (remember it is not a trial) saying why the claim would succeed.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Oh this is news to me. I thought that the hearing was my opportunity to present evidence and plead my case? I assumed that the defendant's solicitor would request proof from me before the hearing if they wanted anything? As they did not I assumed everything would be decided at the hearing?

The hearing is on Friday - how do I file a statement in opposition by then and what does it have to include?

Thanks

Matt

Expert:  Ash replied 2 years ago.
Summary Judgment is an application. You MUST file a statement 7 days beforehand. if you have not done this do it NOW.
You need to give a brief statement saying why the claim will succeed and exhibit the main evidence.
Does that help?
Alex
Customer: replied 2 years ago.

Oh no! This is very disappointing. How am I supposed to know these things? There were no instructions on what to do next in the application form that I received.

How do I file a statement in opposition? As the Hearing is less than 7 days away will my application be automatically declined?

Expert:  Ash replied 2 years ago.
No. But you need to do it now asap. A statement which just sets out your position, why and attach key documents.
You need to show you have some case.
Alex
Customer: replied 2 years ago.

Ok well that's something.

Whilst waiting for your reply I looked on the government website. I can see no form called "Statement In Opposition." The only thing close is talking about Intellectual Property.

Based on this and your recent answer, I'm now guessing that a few paragraphs from me will suffice?

If so then will the following work - a one page word document emailed to the defendant's solicitor with the Tenancy Agreement attached, along with the supposed Deposit Certificate.

In addition do I need to send this to the Court, and if so a paper copy or via email?

Expert:  Ash replied 2 years ago.
Its the same as a normal statement its just in reply. The same format.
Yes a few paragraphs getting to WHY you have a claim and key documents attached. Not everything just key ones.
Send it to Court via paper and the other side too. They must also have a copy.
Alex
Customer: replied 2 years ago.

Ok thanks I think we are getting there.

I need to press you on the format - will a print out of my statement in a word document format be accepted? In other words the statement does not have to be in a particular legal form that I need to download from the gov website?

The other documents that I will send will be print outs of the tenancy document & deposit certificate.

Expert:  Ash replied 2 years ago.
https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements
Word doc but that format
Alex
Customer: replied 2 years ago.

Ok I'll do that now.

I may well come back to you before Friday.

Thanks

Matt

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.