Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Was it ever renewed and just the ex signed it please?
no she was always asked to sign as well
Alex Watts : And she did?
Alex Watts : ok. I assume she wants to defend it?
Alex Watts : why did she sign though?
i assume we are talking about the tenancy agreement as i said it was in both names and she was always told she had to
Alex Watts : Ok, so she wants to defend the claim and also counter claim against the landlord?
yes her ex has also signed to say he will waver his right to any compensation as well as the deposit
Alex Watts : Ok so she has the response pack from the court?
at present she only has a summons which states she has 14 days to respond from the service date being 24/02/15
Alex Watts : What she needs to do is file a defence why she is not liable, but also a counter claim against the landlord for all the things that are wrong.
Alex Watts : She needs to keep this below £10,000 in order to remain a small claim
Alex Watts : In addition she will have to pay a court fee for the counter claim depending on the value to issue it.
Alex Watts : But she can file a defence and counter claim then the judge will decide who is liable for what
Alex Watts : Can I clarify anything for you about this today please?
would her ex not also have to be sited on this summons because he was the lead name in a joint tenancy
Alex Watts : If it is a counter claim against the landlord then - no
i mean can the landlord serve only her with a summons for damages when the items he has mentioned would of been damaged whilst he still lived there
Alex Watts : Yes. It is a matter for the landlord who he sues, either or both
ok thank you there is also a response for more time 28 days from service will she need to send any relevant evidence at this time?
Alex Watts : No evidence at this stage, that will be before trial
Alex Watts : Can I clairfy a thing for you about this today pkease?