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The tenant is on benefit but not enough for the rent £866 PCM. She stopped paying her top up since March 2012. She paid in deposit £705.40 which was protected by DPS on 27th June 2012; and now full amount £850 is returned to her in Nov 2012. She is evicted in February 2013 through separate court action while section 8 proceeding continues.
Her final rent arrears is £4047.45 while she has filed counter claims of disrepairs, harassment and quiet enjoyment and mismanagement of deposit. These are all but lies since there is no disrepair according to two expert reports including the one by her own expert.
The tenant even claimed she had paid the "rent arrears in full" in June 2012 while she did not. She had a "friend" to testify and use his business card as "photo evidence" which mentioned no payment whatsoever.
The tenant is on legal aid and her solicitor managed to escalate the trial to multi track trial with massive cost and massive consequence. But I prepare well and made sure I have confirmed to all requirements.
But shortly before the trial the presiding judge called the session whereby she told me to stop the case for that the court is not to deal with moral issues but about people. The victory would be hollow as there is difficulty to enforce it.
Faced with intervention from the presiding judge I have no alternative but to agree to "walk away" thus lost all rent arrears and damages whereas this tenant also walks away without any bad record and she will be able to repeat her vicious and false claims against her next landlord.
The case is now stopped but is there any way I can start small claim for instance against her or the guarantor, or anything I can do to redress the issue?
