Court Tips

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Court Tips

    Well I have recieved a date from the court for a hearing the 24th October, and hopefully the end of a sorry saga between myself and my ex-landlord over the return of £645 deposit which he is witholding. Ive never been to small claims before, and I think (if he turns up at all) he might turn up with a solicitor, so i am a little nervous. Any tips or advice from people who have been through the process?

    Thanks

  • #2
    Originally posted by Planner View Post
    Well I have recieved a date from the court for a hearing the 24th October, and hopefully the end of a sorry saga between myself and my ex-landlord over the return of £645 deposit which he is witholding. Ive never been to small claims before, and I think (if he turns up at all) he might turn up with a solicitor, so i am a little nervous. Any tips or advice from people who have been through the process?

    Thanks
    Know the rules. The court knows the rules, your landlord might but his solicitor definitely WILL know the rules, so you need to arm yourself. If you go in there without doing some homework you've given half the battle to the other side before you start.

    Go to http://www.dca.gov.uk/civil/procrule...enus/rules.htm for the full set. They're long, boring and written in 'legalese' but with some time and effort you might feel better prepared.

    Follow all instructions you receive from the court. If you don't understand what they mean, either phone the court office or ask someone who might understand (here would be a good place!) Keep an eye on the other side to make sure THEY follow the rules as well.

    If you've been told to prepare a bundle of documents on which you are relying, do so. And make sure you send it to the right people, which is usually the court and the other side, and by the date specified. Include your AST and inventory and any other correspondence you have had. Make sure you also number your bundle properly, so you can refer to it in court.

    Work out for yourself beforehand what you want to say, and what in your bundle backs up what you want to say. Write it down, with page references of either your bundle or the other side's.

    Read through very carefully what the other side sends you. See if they have missed anything out, or put in anything that contradicts what you have said.

    Be respectful to the judge, who should be addressed as 'Sir' or 'Ma'am' (I think, someone legal will correct this if I'm wrong.

    And expect it to be like going to the dentist with no anaesthetic. Courts should be avoided wherever possible.

    Do note that it is still possible to resolve the matter even at this late date. If you and your former landlord come to some agreement, let the court know.

    Oh, and make sure you do turn up. If you aren't there, the other side automatically wins their case. (So it's unlikely your LL won't, he'll know what the score is).

    And getting judgment isn't the end of it, you still have to get the money out of them (if you win). But you can take that fence when you come to it.

    Comment


    • #3
      Thats very helpful thanks. Unfortunatley there is no chance of it being resolved without the courts assistance. I will have a look at the link you have sent and arm myself!

      Comment


      • #4
        Excellent advice there by Surrey. One thing I would add - keep your cool. Don't interrupt the other party when they say something that is a blatent lie, don't get angry, raise your voice etc. This happens very often, because people will go into court and bareface lie, and it obviously gets peoples backs up. But, all it will do is project yourself as being hotheaded, and wind the judge up. You will be given your chance to speak.
        Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.

        Comment


        • #5
          "If you arn't there, the other side automatically wins their case"

          Sorry - not so. It obviously disadvantages the other side if they do not turn up at all and courts do expect that both plaintiffs and defendants turn up except where they have exceptional reasons not to like a small claim but a long way to travel, bereavement but to mention a couple.

          If you attend and the other side don't - then the judge will still take all the evidence from you - written and oral and he will look at the defence or claim from the other side and will make an informed judgment. You will win or lose your case on the merits, not merely on attendance.

          There are a few cases where you can "win" on the simple non-appearance of the other party, and those are basically limited to:

          1. Applications made by a party who does not turn up or send in anything to support the application (i.e. warrant suspension/judgment set-aside)
          2. Unopposed costs hearings where the other party seems not to be contesting the bill of costs by their non-appearance.

          Courts do regard a party not appearing for a hearing as a bit of an insult except where they have sent in papers and asked the judge to hear it in their absence and are particularly peeved when someone makes an application and then shows no interest in attending to support it.

          Comment

          Latest Activity

          Collapse

          • Mouldy silicone wear and tear?
            aciduzzo
            Tenants are moving out today and i am doing the final inspection later; however, last time i was at the flat i noticed the bathroom was in a poor state.

            What is the general opinion on black mould that has formed inside bathroom silicone? Is it considered wear and tear? Also, the seal...
            03-07-2017, 08:07 AM
          • Reply to Mouldy silicone wear and tear?
            mystic08
            You might like to gift your new tenants some Kilrock mould cleaner which is magic in a bottle! Cheapest in the Pound shop or The Range but supermarkets sell it too. Works brilliantly on algae too. Garden pots, patios, headstones etc.
            22-07-2017, 20:52 PM
          • Discussion - GDPR and implications on landlords
            MrShed
            I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

            I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
            20-07-2017, 15:01 PM
          • Reply to Discussion - GDPR and implications on landlords
            jjlandlord
            That's the exemption that allows sending data outside of the EEA, which is the issue discussed.



            No, because of that very exemption....
            22-07-2017, 19:19 PM
          • Referencing question
            kangoo1
            A couple wants to rent from me, she is on maternity leave and will not be returning to her previous employment, he is permanently employed and moving due to a job transfer. I have referenced him for the full rent and his guarantor has been successfully referenced.
            I am going to prepare the ast...
            22-07-2017, 17:19 PM
          • Claiming for protected deposit
            mandm
            This is an interesting one, got me into a spin.
            Tenants signed AST but decided to leave after 6 months and 3 days (problem with moving) using the break clause in the AST. I protected the deposit using DPS (Insured) and returned the deposit minus deductions when the moved out.
            I served the...
            21-07-2017, 08:00 AM
          • Reply to Claiming for protected deposit
            JK0
            I'll leave it at that. I'm not going to get into one of JPK's interminable arguments.
            22-07-2017, 16:28 PM
          • Reply to Discussion - GDPR and implications on landlords
            jpkeates
            That's simply one of the Schedule 2 exemptions which, if met, allows a process using personal data at all - all the other principles still apply in parallel (where it can be stored, be not excessive, kept up to date etc).

            So, while it might be OK because it relates to a contract, there...
            22-07-2017, 15:22 PM
          • Excessive estate agent fees
            Cml241
            I have a property which I started renting out via an agency. When the contract started, they found new tenants, did the relevant checks etc and charged an upfront fee which equates to approx one month's rent. As one year has almost passed, the agent has approached me asking if I want them to 'renegotiate'...
            21-07-2017, 16:26 PM
          • Reply to Excessive estate agent fees
            mariner
            A new 12 month fixed term does provide LL & T with extra security but can lead to complications for either if their resp circumstances/legislation change during the new AST.
            Personally, I would prefer if a orig AST was for a fixed 6 month term, followed by an SPT that required both LL &...
            22-07-2017, 14:09 PM
          Working...
          X