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JustAnswerKM, Solicitor
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Experience:  Court of Protection, civil litigation, divorce and inheritance
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Hello,
I am waiting for your Property Solicitor to respond to my questionI have received the forms from Clerkenwell & Shoreditch County Court called "General Form of Judgement or Order", "Notice of Proposed Allocation to the Fast Track" and "Directions Questionnaire (Fast Track and Multi -Track)". For some reasons I think that these forms arefor my tenants/Claimants to fill in. Please could you let me know what to do with them.
FYI,
- it says on the "General Form of Judgement or Order" that
"IT IS ORDERED THAT
1. Claim is not suitable for Part 8
2. Treat as a claim under Part 7
3. Direction Questionnaire to be sent"- It says on the 1st page of the "Notice of Proposed Allocation to the Fast Track":
"TAKE NOTICE THAT:
1. This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed => FYI, I did not receive this copy
2. It appears that this case is suitable for allocation to the fast track
If you believe that this track is not the apporpriate track for the claim, you must complete box D2 on the Directions Questionnaire /Form N181 and explain why
3. You must by 3rd March 2016
a) complete the Directions Questionnaire , file it with the court office and serve copies on all other parties, and
b) attempt to agree directions with all other parties; and
c) file proposed directions (whether or not agreed ) with the Directions QuestionnaireLooking forward to hearing form you.
Thank you and Best regards,
Quynh
Submitted: 1 year ago.
Category: Law
Expert:  JustAnswerKM replied 1 year ago.
Dear QuynhThank you for your question. Correct me if I'm wrong but it appears as though you have submitted a possession claim?What has happened is the Defendant (the tenant according to your message) has submitted a defence in response to your claim, this therefore means a hearing is due to be scheduled for the claim to be heard. As the Claimant you need to prepare the case for the hearing by submitting the directions questionnaire with draft directions. Essentially, you are preparing the time table for the hearing. You will see there are various questions which give the Court an idea of what is required in advance of the hearing.I will require more facts of the case to answer further but in short, you will need to complete the directions questionnaire and submit it in Court before the stated deadline.I hope that helps.Best of luckKM
Customer: replied 1 year ago.
Dear KM,
Thank you for your message.Just some background info for you to understand the question which I sent you yesterday:- I let a property to 3 tenants. I filed their deposit late by 10 months. I gave them the certificate and prescribed info
- when they moved out, I had to arrange a few things for them and make calculation of the amount to be returned as the costs were to be shared among them and offset among them
-we agreed on the amounts to return to each of them
-I returned the agreed amounts to each of them (= their full deposit deducted the agreed costs of cleaning etc) albeit between approx 10-27 days late as there were things to calculate and also due to my holiday.
- they sent my a letter demanding for compensation of up to 3x deposit, then reduced to 1.5x of the deposit.
- I apologised for the late filing. I paid the penalty interest on the to be returned amounts using the penalty interest on the rent payment in our TA. I asked them to tell me their harschness which they suffered to justify the demanded settlement amount of 1.5x deposit amount. I said that if they experienced losses, harschness due to the lat filing, then I will compensate them. They did not clarify their losses/suffering
- they took me to court and demand compensation
- I wrote my respond to the court (1) to acknowledge my mistake of late filing; (2) explained to the court the reasons for my late filing (=> I was under extreme stress of an ongoing fertility treatment with a series of tests and operation; stress at work due to 2 underperforming team members);(3) I told the court that I filed the deposit for one of these 3 tenants on time in his previous tenancy at this same property to demonstrate that it was my genuine mistake; (4) I apologised to the court, asked for forgiveness and said that I shall ensure that I eill file the deposit on time going forward regardless how stressed I could be as I shall engage admin support in such situation
Then I revieced the papers from the court as explained yesterday. So I am the defendant. My tenants are the claimants. I hope it's clear to you.Please could you read this background info and my email of yesterday carefully and let me have your thoughts/advice.Thank you.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Dear Quynh Thank you for the additional information, it makes sense now. I am sorry to hear that this has caused unnecessary stress. You appear to have done everything right your end in regards ***** ***** back the deposit and interest. You have a right to know their alleged losses for the late filing but if you do not want to endure litigation, you will have to pay out what they want. It sounds as though the tenants are trying their luck. If you do not pay what they want from the claim then the case will proceed to a hearing. Have you tried to negotiate a settlement figure directly with the tenants for them to withdraw the claim? If this is impossible, the case is in Court so you will need to follow directions, the next being the questionnaire they provided. The tenants have failed to justify their exaggerated claim to you, it sounds as though they will have even greater difficulty explaining it to a Judge so there is a probability that their claim will fail. You cannot count on this therefore you must continue as ordered by the Court. Typically, these types of cases are settled outside of Court because parties try to avoid Court hearings and the risk of paying costs of the other party if they lose. So if you can, try and come to an agreement with the tenants but do not pay out any money until they write to the Court and the Court confirm that the matter has been withdrawn. Let me know how you get on. Kind regards Krystel
Customer: replied 1 year ago.
Dear Krystel,Thank you for your response.To your question "if I have tried to settle with them":
- yes I did from the beginning when I received their demand. Here is what I have done after having received their letter on 4th Nov 2015: (1) acknowledged my mistake and apologized to them; (2) paid all the amounts to be returned by them/agreed by them (note: one of the amount was calculated incorrect by my tenant Mike, i.e. £80 higher than my correct calculation, but I returned him the amount he thinks it was correct); (3) calculated the penalty interest amount based on the Penalty Interest in our Tenancy Agreement and paid them. I also asked them if they have a different calculation of the penalty interests. (4) asked them to clarify their losses/sufferings for compensation.
There were a high number of emails repeating my request of clarification of their losses/sufferings. They said that they did not have to tell me that and they set the deadline for me to comply and failing to pay by that deadline, they would bring me to court.
I said that my position remains unchanged as I to no deny my mistake, I do not say that I won't compensate, but I need to know their losses to quantify it into an amount to settle/pay.Please could you kindly explain specifically to the following questions (please refer to my 1st email):
1) what does this "Claim is not suitable for Part 8; Treat as a claim under Part 7" mean?2) on It says on the 1st page of the "Notice of Proposed Allocation to the Fast Track": "TAKE NOTICE THAT: This is now a defended claim. The defendant has filed a defence, a copy of which is enclosed.." => this appears to me that this message is for the claimants to know that I have defended my claim and the court sent them a copy of my defense. Don't you think so? if not, what does this message mean to you and why did they say "a copy of which (the defense) is enclosed"?3) what does "the fast track"mean in this context?4) what do these mean "attempt to agree directions with all other parties; and file proposed directions (whether or not agreed) with the Directions Questionnaire"?5) who should attempt to reach a settlement? me or the claimants.6) if I should attempt to settle, what is the order of actions: should I write to my tenants first before filling the Directions Questionnaire? or filing the Directions Questionnaire first before suggesting a settlement with my tenants/claimants?.7) Based on what I wrote/answered to your question at the beginning of this email, what am I supposed more to do to settle with these tenants? I have always asked the tenants/claimants to clarify their losses/ sufferings to compensate and if they insist of not telling me their loss/suffering, I am unable to settle. What do you think what the court expect me to do?8) while the court sent me these paper, what did the court send the claimants?Looking forward to hearing from you.
Thank you very much for your help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Dear Quynh You have quite a number of questions there. I have answered each in turn below: 1) A Part 7 claim is a money claim which is what the tenants are trying to obtain. Other types of claims not money related go under a Part 8 claim.2) Whenever the Court correspond with either party, they ensure the other party is notified. Essentially they are letting you know that they have passed a copy of your defence to the Claimants.3) The Court allocate the matter to a track depending on the value of the claim. Fast track matters are claims with a value between £5,000 - £15,0004) The Court are advising the parties to agree amongst themselves a set of directions (a Court time table) on how the matter should be conducted. I.e. How many witnesses, which dates to avoid etc. You will need guidance from a Solicitor to draft these as it will take a bit of time.5) Both parties should attempt to reach settlement.6) Always try to settle as soon as practicable and keep records. File any Court documents before the deadline but this shouldn't stop you from trying to settle in the interim.7) This a problem where parties are not legally represented because they are unaware of their litigation risk (i.e. paying out costs to the other party if they lose). It may be worthwhile instructing a Solicitor to act on your behalf which in turn will alert the Claimant's to really carefully think about proceeding with the claim. The cost of instructing a Solicitor may not be cost effective but it comes down to how much you want to exhaust all options to try and end this ordeal. Always keep records of your attempts to settle (telephone notes, emails, letters etc) just in case you are asked to disclose them. 8) As mentioned in 2) above, whatever the Court sent you is identical to what the Court send to the Claimants. I hope the above helps. Kind regards Krystel
Customer: replied 1 year ago.
Dear Krystel,
Thank you very much for your response. I have 3 further questions for you before I will deal with the forms which I have received:1) Fast track claim for claims between £5k-£15k. I assume anything below £5k is small claims. Does that indicate that if I lose the case I would have to pay a compensation amount of min £5k?2) Hiring a solicitor service: does this solicitor need to be a litigation solicitor? and be able to present at the court or any solicitor would do the job?3) Since I am the Defendant, does that mean that I am expected to write letters to my tenants (assuming I do not use the service of a solicitor) asking for settlement and not the other way round ?In fact, there is not much to write to my tenants, they are greedy and want to try their luck to make money (needless to say that I was good to them throughout the tenancy, even cleaned up their place with a cleaner to facilitate the handover in order to return their deposit quickly. But I would not mention all these as I would come across as someone who praises herself). For this I am prepared to fight with them even if I lose in the end otherwise they would do this to any landlord and the law should not accommodate quasi-criminals.
I will write to them with the same offer of compensation provided that they tellme their losses/suffering for the claim amount.
What do you think of this?Thank you for your help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Dear Quynh Please see my answers below:1) You are correct, anything below £5k is for small claims. The amount of compensation is the amount the tenants are claiming which could be a minimum £5k to a maximum £15k. 2) I would advise on instructing a Property Litigation Solicitor specialising in Landlord and Tenant matters that can do the advocacy for you.3) If you are negotiating a settlement on your terms, your letters will be in a form of a proposal (amount you are prepared to pay them to withdraw the claim). They can do the same, put forward to you proposals (with a lesser amount than their claim) to withdraw the claim. I understand the frustration, no one with your kind nature should have to endure this. When you send the letter with the same offer, give them a deadline to respond, failing which you will instruct Solicitors. Note that they will be liable for additional costs you incur if they lose. Perhaps considering marking at the top of the letter 'WITHOUT PREJUDICE'.What is the “without prejudice” rule and what does it mean? In the context of Court proceedings, without prejudice communications forming part of a genuine attempt to settle a dispute are privileged. This means they cannot be put in as evidence before a Court except in certain circumstances. The purpose of the rule is to encourage litigants to resolve matters between themselves without risking being embarrassed by an admission and without having to litigate the dispute to an end. Best of luck Kind regards Krystel
Customer: replied 1 year ago.
Dear Krystel,Thank you for your message.
Based on your advice, I will write a letter to them with the offer and with the note "without prejudice". My offer to them will be (1) if they have loss due to the late filing they shall need to tell me. Without this I am unable to compensate them; (2) I offer to pay for the £280 court fee which they already have paid to settle their claim.
I will say that my offer is final and valid for 7 days until say 23rd or 24th Feb (depending when I sent it out).
=> What do you think of the above? Do you think I can do so while searching for a Property Litigation Lawyer?
=> In the mean time I will fill in the form and send it to the court while waiting for their response.
=> does JustAnswer have a Property Litigation Lawyer to recommend if they don't accept my offer?Looking forward to hearing from you.
Thank you very much for your help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Dear Quynh As long as it's a thought through proposal and you believe it to be reasonable I see no harm in proceeding. Yes as long as the proposal is marked 'without prejudice', continue looking around for a Property Litigation Lawyer. I am unsure whether JustAnswer have a list of recommended lawyers? Try the Law Society website and searching locally. Try and get them on the phone so you can engage what they're like and whether you can work with them. Kind regards Krystel
Customer: replied 1 year ago.
Dear Krystel,Thank you for your message. I will do so to search for a Property Litigator in preparation for the next step.In my view, nothing more I can offer. If they don't tell me what they lost, I cannot compensate. I know that they paid £280 for the court fee to file the claim against me. That is what I could offer. Anything else has to come from them and why. I think any sensible person would do the same. One does not spoil criminal just because one is worried of being brought to court.What happens if the court decide to dismiss the claim, should I still have to pay them this £280 (assuming they don't agree and won't settle)? or it is then the court decision?Thank you and have a lovely evening !
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Correctly so, if they don't know what they're claiming for, how can anyone value the claim. If the case is dismissed and there is no Order made in respect of costs, both parties walk away without having to pay anything extra. Have a lovely evening and I have my fingers crossed for your. Kind regards Krystel
Customer: replied 1 year ago.
Dear Krystel,
Thank you very much for your message.
Maybe I start first with asking again for their losses to finally settle the case out of court. Can I tell them that I am entitled to know about their losses or I just leave it open?
they might just come back with asking to pay for them this £280 and that will be it.
Thank you again for your great help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Yes there is no harm in asking them again as an open question. No point of saying you're entitled to know, they should just provide it Krystel
Customer: replied 1 year ago.
Thank you Krystel
Customer: replied 1 year ago.
Dear Krystel,Hope you are having a good day.
Just one silly question: I am writing an email to my former tenants to suggest the settlement/asking for losses etc as discussed yesterday. I will not suggest any settlement amount. Do I still need to put the words "Without Prejudice"? I think yes, but I just wanted to double check.
Thank you for your help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Good evening Yes still mark without prejudice to protect yourself. Krystel
Customer: replied 1 year ago.
Thank you, Krystal
Customer: replied 1 year ago.
Dear Krystal,
Hope you are having at good day.
I have sent a letter to them and have received the following response. I would like to know what I should do now and what the 'mediation" mean in their email.
Thank you. Quynh"Dear Quynh,We are not willing to discuss this further via email as we have already outlined our reasons for seeking compensation. Please be advised that we would still like to settle this out of court and our original offer of £3672.51 still stands. Please let us know by close of play on the 3 March 2016 whether you are now willing to accept this offer. If you will not accept this offer then we suggest that a session of formal mediation be organised so that we can come to a mutual agreement.
We look forward to receiving your response."
Expert:  JustAnswerKM replied 1 year ago.
Hi Quynh It appears as though they're not prepared to move with this. Mediation is an opportunity for parties to meet informally (sometimes with a mediator present who is qualified in the field the dispute is about) and come to an agreement by discussing the claim together. I believe the Court sometimes arranges mediation but there might be a cost. If you're agreeable to mediation, respond to them with your agreement but mention costs must be split. Krystel
Customer: replied 1 year ago.
Dear Krystal,
Thank you for your advice.I have contacted a mediator on the link provided in the court paper. She has already got back to me. She charges £100 per 2 hours per each party. She sent me some paper work and ask me to forward to the Claimants.Based on what you said, I shall tell my tenants/claimants that I have this mediator and have papers for them to read/response and say that the cost is £100 per party and they shall pay for themselves. Is that correct so?What happened if they said that they don't want to pay or they want a different mediator? I have made a numbers of calls of the mediators on the list (received from the court) the mediator who I found is the cheapest one and they said that most of the time the parties agreed.On another note, I am still looking for a property litigator to help in case we could not agree in the end.Also I don't know how to fill the form "Direction Questionnaire": Does this form have to be filled by a Property Litigator or it can be filled by any solicitor?Looking forward to hearing from you.
Thank you for your help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Hello Yes ask them to pay their share of the mediator costs. Hopefully, they agree with your choice unless they have plenty of money to spend on a more expensive one. You need to agree together, so do the best you can. Any litigation Solicitor can complete the Directions Questionnaire. Kind regards Krystel
Customer: replied 1 year ago.
Thank you Krystel
I still have not yet found a litigation lawyer for property as most of law societies only have lawyer for purchase properties etc..
Expert:  JustAnswerKM replied 1 year ago.
You're welcome. Speak to someone in the litigation department of the firm and ask if anyone specialises in Landlord and Tenant disputes.Krystel
Customer: replied 1 year ago.
Thank you, Krystal.
I will do so.
Enjoy your evening !
Beset regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
You're welcome. Have a nice weekend. Krystel
Customer: replied 1 year ago.
Thank you Krystel
You too !
Quynh
Customer: replied 1 year ago.
Dear Krystel,
Sorry to bother you again before the weekend.
I have one question for you:
- the court put the claim on the Fast Track, i.e. claim between £5k -£15k. My tenants wanted me to pay them £3.7k. The mediation cost is based on the claim amount. I wonder if it is based on £5-£15k as it is on the Fast Track or based on £3.7k?I asked this question as I proposed a mediator to my tenants and told the mediator that the claim amount is £3.7k therefore her fee for each party is £100. But my tenants said that the claim amount is more than £5k, so we need 3 hours mediation in person and not 2 hours via conference call.Please could you let me know what is the claim amount based on.Thank you and Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Dear Quynh The tenants are prepared to accept £3.7k from you which may be less that what they were hoping for. Whatever they have stated on the claim form may suggest that their claim is going to be a high amount even if they didn't note down an exact sum. Also, the Court may have taken into consideration other factors (such as cost of representation and Court fees) and have arrived at a sum that exceeds £5k. By the way could you please rate my initial answer as I've noticed it hasn't been done yet. Thanks again Kind regards Krystel
JustAnswerKM, Solicitor
Category: Law
Satisfied Customers: 42
Experience: Court of Protection, civil litigation, divorce and inheritance
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Customer: replied 1 year ago.
Dear Krystel,
Thank you for your email. Sorry about rating. I did not notice this. I have just rated 5*. Thank you for your help.
In the claim form they did not put any amount.
So based on your answer, I take it that we have to have a mediation based on the indicative amount of the Fast Track which the court put in it.Just FYI, I called a Tenant_Landlord Dispute No Win No fee firm this morning, pretending that I were a tenant and described this situation to them and asked them to help me to get £3.7k paid by the landlord. They asked me which loss I had. I said there was no loss in any kind. They said that if there is no actual loss incurred for me, then they cannot help me to get this amount paid and suggested me to talk with a law society to help me further. Their answer confirms again that the chance of my tenants to make me pay is quite thin. This is just FYI.Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Dear Quynh Thank you for the rating and bonus, I really appreciate it. It's shocking to know that the claim was accepted by the Court even without a sum. Anyhow, yes the mediator and the parties will have to just follow the Court directions which in this case is a fast track matter. That's good that you did some research, it helps you assess what the probable outcome may be. Kind regards Krystel
Customer: replied 1 year ago.
Hello Krystel,
What do you mean by "claim accepted by the court"? I sm confused. The facts are the same:
- they filed a claim against me
- i responded to the court
- the court put it on a Fast Track (5k- 25k) whick is not a small claim court. You explained to me last time soWhat is the new news make you think that the court sccepted it?Looking goreard to hearing from youThank you.
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Good morning I just meant simply that, the Court accepted the claim with the details given by the the tenants, without a sum claimed. I hope that makes sense. Kind regards Krystel
Customer: replied 1 year ago.
Thank you Krystal. I will let you know about the outcome with the mediator.
Have a good Sunday !
Quynh
Customer: replied 1 year ago.
Dear Krystal,Hope you are well. I just wanted to update you on my mediation today with my tenants.We did not reach an agreement as they wanted £2,995 and I was willing to offer them £1,000 for nuances. So I will go to the end with them via court. I have been advised by all litigation lawyers who I have contacted that I do not need a lawyer as I dont have anything to dispute/argue. It's pure the court decisionThank you for your help so far.
Best wishes,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Thank you for your message. That sounds promising. Keep up the good work and keep me updated. Kind regards Krystel
Customer: replied 1 year ago.
I will do Krystel.
I have just found this blog written by a landlord/tenant lawyer rhttp://www.landlordlawblog.co.uk/2015/07/14/tenancy-deposit-protection-and-points-from-the-khuja-v-chowdhury-case/Please see the view of this lawyer Tessa Shepperson posted on July 14, 2015 at 3:46 pm"...The reason I put this is that it appears in the Deregulation Act that where a periodic tenancy is created automatically at the end of a fixed term, the provisions of the tenancy deposit scheme are treated as being complied with by the landlord if they deposit has been protected and the prescribed information served during that fixed term.
So if the landlord had protected the deposit late but during the fixed term, he could have been all right."so I will look into this Deregulation Act to see what it says. But based on what she said (and quite recently), I should be ok. My tenants betting £280 the court filing fee to get 3x deposit (= approx £7.4k). For me, if the judge ruled that I have to pay, I shall pay, but I will appeal to the European court as the law should make sure that landlords should not run away with the tenants' money and it should not groom greed.
Have a good evening !
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Thanks for that. Have a nice evening
Customer: replied 1 year ago.
Hello Krystel,.. I would like to ask you for a favour. I am searching for your colleague Stuart J. I have found his post here http://www.justanswer.com/uk-property-law/6v815-landlord-protected-deposit-late-tenants.html
I would like to get in touch with him to get answer for my questions as I see what he wrote in the above link "....Provided you protected the deposit, albeit late, and provided it was done before they issued legal proceedings, then they cannot claim the statutory three times the deposit as compensation.
If, however, they issued proceedings and then you protected the deposit, you stand to lose three times the deposit...."Please could you help me to find him in JustAnswer.Looking forward to hearing from you
thank you and Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Hi QuynhI have sent him a personal message to reply to you in this feed. Kind regards Krystel
Customer: replied 1 year ago.
Thank you very much for your help, Krystel
Customer: replied 1 year ago.
Hello Krystel,
Hope you are having a good day.
I wonder if you can give me the JustAnswer ID of Stuart J so that I can email him as i have not yet heard from him.
Thank you for your help.
Best regards,
Quynh
Expert:  JustAnswerKM replied 1 year ago.
Hi Quynh I can't seem to allocate his details. The best thing to do is email the co-ordinator for legal enquiries, she should be able to help:***@******.*** Kind regards Krystel
Customer: replied 1 year ago.
Dear Krystel,
Thank you very much for your response with Nicola's email address.
Stuart's post on JustAsnwer is critical for my case as if I interpret his post correctly, I might be ok. So I am desperate to talk with him. The law should not groom greed from tenants.
Thank you for your help as always and have a lovely weekend !
Quynh
Expert:  JustAnswerKM replied 1 year ago.
You're right! I have my fingers crossed for you.Have a lovely weekend.Kind regardsKrystel
Customer: replied 1 year ago.
Thank you very much Krystel.
I shall keep you posted as I will learn a lot from this experience and I want to prevent greedy tenants robbing honest landlords like me.
Thank you for your support!!
Best,
Quynh

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