Hello my learned Friends
After locating the Tenants who vacated without paying Rent for 6 month and sending Letters of intended Prosecution (Recorded Delivery) X2 and, Hand/Witnessed Delivery to the Tenants Address. I finally, received a Counter-Claim (expected) from their Solicitors.
However, I would like some Clarification in the Subject on “Pre-Action Protocol” Housing Disrepair Cases (http://www.justice.gov.uk/courts/pro...tocol/prot_hou), mentioned in the T’s defence Statements.
Under Sec. 3.1, “(a) A disrepair claim is a civil claim arising from the condition of residential premises and may include a related personal injury claim. (See paragraphs 4.4 (c), (d) and (e) of the Guidance Notes.) It does not include disrepair claims which originate as counterclaims or set-offs in other proceedings.”
Can I assume the above interprets; they cannot use the defence Subject of disrepair in their Counter-Claim?
Furthermore, a further latter from T’s Counsel stated; “We are not in the position to take further action within the Court Proceedings….”. “….we are not in the Position to go on Record as Acting for our Clients until Funding Certificate has been issued.”
I can only presume the T’s are both working and therefore, counsel will not take up the Case, (as they know they cannot win). Until or unless T’s is issued Legal Aid/Public Funding. Either way, T’s Counsel financially gains?
Your comments and advice is greatly appreciated.
Thank you all
After locating the Tenants who vacated without paying Rent for 6 month and sending Letters of intended Prosecution (Recorded Delivery) X2 and, Hand/Witnessed Delivery to the Tenants Address. I finally, received a Counter-Claim (expected) from their Solicitors.
However, I would like some Clarification in the Subject on “Pre-Action Protocol” Housing Disrepair Cases (http://www.justice.gov.uk/courts/pro...tocol/prot_hou), mentioned in the T’s defence Statements.
Under Sec. 3.1, “(a) A disrepair claim is a civil claim arising from the condition of residential premises and may include a related personal injury claim. (See paragraphs 4.4 (c), (d) and (e) of the Guidance Notes.) It does not include disrepair claims which originate as counterclaims or set-offs in other proceedings.”
Can I assume the above interprets; they cannot use the defence Subject of disrepair in their Counter-Claim?
Furthermore, a further latter from T’s Counsel stated; “We are not in the position to take further action within the Court Proceedings….”. “….we are not in the Position to go on Record as Acting for our Clients until Funding Certificate has been issued.”
I can only presume the T’s are both working and therefore, counsel will not take up the Case, (as they know they cannot win). Until or unless T’s is issued Legal Aid/Public Funding. Either way, T’s Counsel financially gains?
Your comments and advice is greatly appreciated.
Thank you all