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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am putting in money claim against old tenant . They

Customer Question

Hi. I am putting in money claim against old tenant . They have put in a defence based on among other things that the flat should be a hmo and there was inadequate fire precautions . Regardless of whether or not this is true if proved would invalidate my claim or mean they had to put in a separate claim later and mine would be enforced? Who is burden of proof on regarding this in my court case ? Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
It does not invalid your claim. You have to show they owe the rent (assuming that is what the claim is) and they need to show that it should have been a HMO
They need to prove this.
Does that help?
Alex
Customer: replied 1 year ago.
hi, so it has no relevance to my claim and they would have to take separate legal action ? how do I show they owe the rent and associated costs ? what burden of proof needs to be met ? thank you
Expert:  Ash replied 1 year ago.
The claim can be consolidated and heard in one action. The burden is on you for their claim as it is for them on their claim.
The burden is on balance, so what is more likely than not.
Does that help?
Alex
Customer: replied 1 year ago.
sorry I am confused , assuming i can prove my claim and that money is owed if that is there main defence is it likely to succeed / be given serious consideration ? thank you
Expert:  Ash replied 1 year ago.
Of course it will be considered because the Judge will have to do that. But the tenant will need to show evidence of what is being alleged. Without evidence they would struggle.
Does that help?
Alex
Customer: replied 1 year ago.
so I can not claim rent arrears if the property should have a hmo licence or be a licenced hmo set up to relevant standards ? if the defendant can show there were 4 people sharing a 3 bed flat with 2 bathrooms covered by 3 separate agreements would that automatically make it a hmo or is it local council discretion ? thank you
Expert:  Ash replied 1 year ago.
You can claim rent arrears but you may be prosecuted by a local authority if your property required to be HMO registered.
Does that clarify?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
yes so the claim is ok , that's all I am interested in at the moment . answer complete thank you
Expert:  Ash replied 1 year ago.
Good luck.
Alex