Been issued a summons full of untruths.

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    Been issued a summons full of untruths.

    I had to go through the process last year to evict a tenant who had stopped paying rent. Shortly prior to the bailiffs calling she left the property. I entered the property with a third party who can verity there was nothing of value left in the flat. There was bags of rubbish including soiled underwear, rotting food, old clothes etc. There was malicious damage also. I tried to telephone the tenant but got no response. It took me weeks to repair damages and get it up to standard for rental again. Now over 12 months later she has issued a summons for valuable items she claims were left in the property to the tune of thousands of pounds. I have some photos of the flat, some have been lost and the third party is willing to make a statement of what they saw in the flat. She is claiming that she telephoned me a few days after she left to arrange collection, she did not. Of course I am going to deny her version of events but going to court is a terrifying experience for me. Any advice is most welcome.

    #2
    Remember the burden of proof lies with the person making an assertion. It seems to me that you have sufficient evidence to disprove whatever she might claim. The delay in claiming suggests to me that someone else has given her the ides.
    you will, naturally, feel nervous : be confident that the court wants to give justice.

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      #3
      Start with use of the photos you took when you entered and wis statement from your 3rd party.

      Suggest you get solicitor assistance.

      You now have address for claim for rent and damage. And for £3 from land registry get new landlord address and who knows, he might get an anonymous letter.

      Trust you have no reference
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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        #4
        Have you actually got a 'summons' or just a letter threatening one? You would surely get that first?

        FTA: Is this a homework question?

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          #5
          Thank you for the replies. I have received an actual summons, there was no letter previously. She has nothing to lose she is exempt from payment for the summons. In the time that I have known her she has told many, many lies.She lied at the hearing when going through the eviction process. She will lie again. theartfullodger, I don't understand anonymous letter or reference.

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            #6
            You can counterclaim for all the damage and cost of clearing and cleaning if the deposit did not cover it all and for the owed rent. Detailed witness statement from you and your witness, include what photos there are. Àlso ask for an award as to costs, because no LBC was sent and the claim is without merit. What happened to the deposit?

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              #7
              Get a copy of your phone records to prove she didn't phone you to arrange collection.

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