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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I have received an injunction order from my tenant who

Resolved Question:

I have received an injunction order from my tenant who abandoned my property and fled owing 4 months rent. She is now suing me for £15,000 maliciously. How do I respond to the court?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.What type of tenancy did they have? Did you get a Court order for possession?Alex
Customer: replied 10 months ago.
Hi Alex,
Thank you for responding.It's an Assured Shorthold Tenancy that has been a rolling tenancy from the 31st of October 2014. I applied for an eviction order, but it was dismissed because there was a bank holiday within the 2 month period. The tenant left the propeerty on the 5th of April 2016, the council informed me that she has changed the Council Tax liability to may name from the 6th of April. I called her several times, but she did not answer. I visited the property on Friday 20th May to find the door unlocked and the house empty. I secured the property by changing the locks.
Expert:  Ash replied 10 months ago.
Ok - so you never had a Court order for possession?What is the basis for injunction and damages? When was the injunction granted?
Customer: replied 10 months ago.
No, it was dismissed.The injunction says that
1. I have prevented the applicant from gaining entry into the property
2. I have been harassing the applicant and her children
3. I have removed their belongings from the property
All of the above is false
A hearing has been set for the 31st May 2016
Expert:  Ash replied 10 months ago.
Ok - you dont need to do anything at this stage. But you will need to prepare a witness statement setting out the position.You need to highlight the fact the property was abandoned and Council Tax changed to you. However in all honesty you should have got a Court order for possession. Even if you restarted it.Technically this could be an unlawful eviction because you changed the locks without a Court order. Your only argument is that the property was abandoned.But you MUST file a witness statement and attend Court on 31/5/16 - the Court will consider further representations thenIf you have Landlord insurance with legal protection, this may cover you.Can I clarify anything for you about this today please?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Thank you for your assistance.
Expert:  Ash replied 10 months ago.
Good luck. Alex

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