Mark gibby
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21 Posts
after commencing possession proceedings due to rent arrears my tenenats counterclaimed against me for damages based on the state of their flat. at the time there were damp problems with this basement flat due to "opening up" work the local authority conservation office had enforced on me (the work being done by council approved contractors..) but i did warn the tenants of this PRIOR to commencement (they chose to take the flat) "unfortunately" i arrived late (and was not allowed to enter the court!) My section 21 was not granted but they were given more time to file supporting papers for their claim. shortly after this the tenants did leave (citing the conditions in the flat) BUT since then despite myself being prepared to write off their arrears (how often does a landlord ever collect from ex tenants) their case againt me continues but (as they are still the defendants!)i have had to pay another £220 on filing my allocation questionnnaire and now with the pre trial check list i am being asked to pay fees of £545 for the trial and £110 for the PTC (pre trial checklist). All this so that my ex tenants can have the opportunity of lying their way to get thousands of pounds off me!
Can this REALLY be right? do i really have to pay three (extra) lots of fees for them to have this opportunity? what haappens if i dont pay. does the case just not happen? or (as i suspect) they win by default and i have to pay their claim in full?
i know the law is an ass but this is ridiculous. any advice woulkd be very much appreciated (i jus want it all to go away...)
