Rent arrears court case

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    Rent arrears court case

    I have a former tenant who was evicted due to rent arrears exceeding 5K. I pursued the matter via MCOL. A judgement was made again them in my favour as they did not respond. 12 months later I'm looking to enforce the judgement but they have transferred the case to the local court stating that they have paid the outstanding monies and that there was disrepair to the property. There were repairs needed however I had paid for them to be fixed and have a letter from the council supporting what I have said.

    My questions are:

    1. Have you been to court about something on the same lines and what was your experience - I'm based in London.

    2. Do the courts have any term of reference regarding how much to award in relation to counterclaims?

    3. What case law may the courts refer to regarding such a case?

    4. Can you offer any help/advice???

    Thanks!

    #2
    If the previous judgement was by default, they are entitled to have the decision reviewed (lots of small claims cases are concluded without the defendent having any idea there's even a claim).
    Essentially they'll review the evidence just as they would have done had their been an initial hearing.

    1 - Not personally.
    2 - The two things are different. Saying they've paid the arrears is a defence not a counter claim - so they'll have to show that they did and, if they have evidence, you'll have to dispute. They either did pay or they didn't. The disrepair is a counter claim, and they'll need to be able to show that there was disrepair, that it was your fault and that they should be compensated.
    3 - There's lots of case law, but most small claims cases are not appealed or reported - they're very low tier and quite informal.
    4 - Imagine that the previous ruling is irrelevant. Take three copies of everything you have as evidence. Make a bullet point of your issues and claim, so you can check you have made all of the points you want. If the court offers mediation, accept it. Be calm and don't take anything personally.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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