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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9778
Experience:  I have been practising for 30 years.
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I missed an appointment on the county court and hence a

Customer Question

I missed an appointment on the county court and hence a judgement has been passed saying I owe rent. I've been asked to move out which I have but the money the landlord says I owe is not correct. I also have my deposit which has not been returned to me. Furthermore, the landlord is turning up at my current address making threats. What do I do please ?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Did you submit a defence to the court claim? Why did you miss the hearing?

Does the landlord now have an order for possession as well as the judgement for the rent?

How much rent do you owe and how much rent does he alleged that you owe?

What do you want to know about this?

Customer: replied 1 year ago.
I want to challenge the money that I owe and I don't want any county court judgement on my credit file
Expert:  F E Smith replied 1 year ago.
Did you submit a defence to the court claim?Why did you miss the hearing?Does the landlord now have an order for possession as well as the judgement for the rent?How much rent do you owe and how much rent does he alleged that you owe?What date is the judgement?
Customer: replied 1 year ago.
I did but was late. The landlord now has a possession order as well as judgement for rent. I owe £1750 but he says I owe him £3222.16. Judgement was on the 25th of July 2016. I have already moved but I get harassment from the landlord and he keeps turning up on my current address and making threats
Expert:  F E Smith replied 1 year ago.

If this is a Assured Shorthold Tenancy and the £1750 equates to more than 2 months rent, it is unlikely that you would see able to get the order for possession set aside. The next application the landlord will make, you don’t move out, will see an application for a warrant of possession where bailiffs would attend the property and physically evict you. You don’t have grounds to set theorder for possession aside unless you owe less than 2 month rent.

That is interlinked with the judgement amount which probably will equate to more than 2 month rent.

However, you will not get the judgement set aside because you admit that you were £1750 so you will have a judgement against you it is just the amount of the judgement which you would be applying to court to get changed.

What would happen is that you would set the judgement aside and that a new judgement would be entered in its place.

You apply on court form N244 and the court fee is £255

Can I clarify anything for you?

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We can still exchange emails. Best wishes.

FES.