No defence to Part 8 claim

  • Filter
  • Time
  • Show
Clear All
new posts

    No defence to Part 8 claim

    I started part 8 claim for breach of deposit protection law and 14 days have passed and LL not filed any defence. Court have asked me to confirm that I also not received any response from LL which I am going to do next week.

    I sorted out remedies to return my deposit and 3 times penalty in my claim. What would happen now? do I get full remedies claimed or not and do I have to go to hearing or I would get a judgement without hearing?

    There will still have to be a hearing. Default judgment may not be obtained for a claim under the Part 8 procedure. In theory, if the defendant failed to file an acknowledgment of service, they "may attend the hearing of the claim but may not take part in the hearing unless the court gives permission". Don't be surprised if they do turn up at the hearing and the judge does give permission for them to take part though.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.


      Do all joint tenants have to attend hearing or one can attend for all ? can one tenant authorise other if he confirms in writing and would court accept that?


      Latest Activity


      • Pets causing eviction
        Hi everyone,

        Bit of background to start with.

        We are new tenants of a rental property and told not only our letting agent but our landlord that we were the owners of two dogs.

        The letting agent checked with the landlord that dogs were ok and they agreed as long...
        17-06-2019, 17:15 PM
      • Reply to Pets causing eviction
        They can't actually force you to give up your dogs. They can (attempt to) evict you.
        17-06-2019, 22:32 PM
      • Reply to Pets causing eviction
        You join us and the letting agent in the same thought, does anyone know if there's a set limit of time they can request or is it something they can just make up as they go?

        I can echo that, my kids are all grown up now but my mediocre DIY skills have been called upon many more times for...
        17-06-2019, 22:08 PM
      • Fence damaged by wind, Landlord refusing to replace
        Fence at rear of property severely damaged by the strong winds a couple of nights back.
        Informed landlord by phone & also sent photos of damage by email. I have made emergency repairs to stop them going completely, but they are beyond repair.
        Landlord says they were put...
        10-03-2016, 19:01 PM
      • Reply to Fence damaged by wind, Landlord refusing to replace
        2 million+ rented homes in the UK, 14,782 surveyed by an insurance company is just pee in the ocean. You also referenced figures which were obviously in the landlords' favour, we can all do that which is why polls are useless. I can easily say almost half of tenants are unhappy with their landlords...
        17-06-2019, 21:32 PM
      • Reply to Pets causing eviction
        At any rate it's a tad unreasonable to give someone 2 weeks to rehome their dogs.

        I don't know, but I'd be happier to let to people with pets (within reason, of course) than to those with children!! In my experience and those of other landlords I know, the latter have been far more problematic...
        17-06-2019, 21:18 PM
      • Reply to Pets causing eviction
        Ah! This is exactly what I was thinking as well....
        17-06-2019, 21:12 PM
      • Reply to Fence damaged by wind, Landlord refusing to replace

        I didn't state any particular survey but 14,782 is quite some heavy weighting.

        Why do you think that is?

        Which is one of the lowest percentages of empty homes in Europe
        -or any other comparable...
        17-06-2019, 21:10 PM
      • Locking Building Doors At Night
        Hi everyone, I live in a block of flats (some rented, some owned) with no entry system. The factor want to install a simple lock on the only entry to the building and lock it at night at a set time and give residents a key to get in. I think this is dangerous because it restricts entry by emergency...
        14-06-2019, 17:42 PM
      • Reply to Locking Building Doors At Night
        We have had this discussion for our block of flats.

        The argument for no locks includes "the police advise that having a lock can make gaining entry a challenge to groups under the influence on a Saturday night, but hey are likely to pass on by if it is unlocked".

        17-06-2019, 21:06 PM