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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We own a commercial property and have leased it to our

Resolved Question:

We own a commercial property and have leased it to our tenant who have a business who have been operating from their for 8 years - on 17/11/2012 a woman tripped outside the property on the pavement outside and hired a law firm under the name clark wills
to represent her - clark wills sent letters to the tenants asking them for their insurance information which they refused to give as they felt it was a fraudulent claim. - tennats sent a letter saying since it happened on the pavement the claim should be made
to council as it was the pavement - council responded saying pavement was not part of councils property and may belong to our property - clark wills contacted us the landlords a letter asking for information of the tenants and the lease. - we confirmed the
tennats details however refused to release the lease as we felt it was confidential - clark wills lodged an application with a court in darlington the date of the earing is 14th july 2015 - I have attached court hearing form and other documentation we have
received from clark wills is too large to attach, can I email it? - this week the tennats sent a letter re stating they were occupiers of property at time of incident, and they are willing to provide details my questions are as follows: 1) do we have to attend
this court hearing? 2) I myself have major back problems and am unable to travel the long distance 3) is there any way to avoid the hearing? 4) if we were to write to clark wills with a copy of the lease could this possibly resolve this from moving ahead,
especially since the clients have already confirmed they were the tennats 5) what is your advice in this situation?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Why did you refuse and not just supply the details of your insurers please?
Customer: replied 2 years ago.
We are the landlords our tenants refused to give the details in the first instance. They felt it was a fraudualnt claimWhen Clark wills approached us we informed them of the tenants name and address however did not release the lease to them as it was misplaced and we only have an unsigned copy not the original to provide themIf I have not clarified anything please do not hesitate to ask
Expert:  Ash replied 2 years ago.
I agree, you do not need to release the lease, just identify who the tenants are.
Yes you do need to attend, otherwise an order can be made in your absence. You can file a witness statement giving your version of events and risk a Judge making an order against you.
Or you can instruct a Solicitor local to Court to attend on your behalf.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
So when you say file a witness statement is that too late to do?I think I read on the form it should be submitted 14 days from date on court appearance?Also I live in Leicester the court hearing is in Darlington and I can not travel due to back problems so I'm unable to make the tripIf I was to submit the lease to Clark wills the unsigned one do you think they will be satisfied and drop the court hearing? Are they able to cancel court hearing?
Expert:  Ash replied 2 years ago.
You are thinking of something else. You should do it 3 days beforehand and send the other side a copy.
If you give them the information they need then yes you can withdraw the application.
Does that help?
Alex
Customer: replied 2 years ago.
Have you views the attachmentDo I not need to fill that in?
Expert:  Ash replied 2 years ago.
No, thats for a Part 8 claim. Its not relevant for this.
Alex
Customer: replied 2 years ago.
Ok I am confused nowThere is a notice of hearing and An application noticeThe notice of hearing is set for 13 July. If I don't want to attend this you are saying i should send a witness statement in to the court? Staying what?Also what is your advice on how to resolve this, what should we do?
Expert:  Ash replied 2 years ago.
You should send a witness statement REGARDLESS of whether you are attending.
If you want to contest it, instruct a Solicitor local to the Court. If you dont want to contest it and risk a Court order then disclose what is being asked. Once its disclosed the application can be withdrawn.
Does that help?
Alex
Customer: replied 2 years ago.
im sorry you have not answered the question satisfactorilyso if I was to provide the lease and send it by recorded delivery and lets say they were to continue with the court hearinghowever since I cant attend I send a witness statement stating we have provided what they require1) is there any point on which the court can rule against us?
2) if there is on what point can the court rule against us, and what are the potential consequenses
3) have you read the attachments and again I ask what is the best manner in to proceed.
4) an additional point is the tenants have re written to clark wills stating they are the tenants at the time of the incident
Expert:  Ash replied 2 years ago.
1) Yes the issue of costs because you didn't supply it initially when asked
2) see above
3) file a statement saying why you oppose the application as we have previously discussed
4) ok, then I'd they said they are tenant I would hope the claimant would withdraw the application
Does that help?
Alex
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