Small Claims Court

Davy44

Hi Folks - first blog!
I have a leasehold property which is cement rendered. Huge chunks of the rendering fell off in 2013 and despite writing to the property management company (a one man business) nothing has been done. Damp was coming in and I had to get it fixed at the cost of £1100. I then sent him the bill and said I would knock it off the service charge of £966 for the year - I'd even forgo the difference.
He took me to small claims for his £966 and I prepared a robust defence with copies of the lease saying it was his responsibility and even details of his bank account (disclosed as part of LVT proceedings) to prove he had the money.
I lost because I hadn't counter claimed. The hearing lasted fifteen minutes. Because I hadn't counter claimed the judge said - well - that's it and found in his favour - most of the time was working out what I now owed him including court costs. It's cost me £2,600 to fix his wall.
It seems brutal when you put up a defence that it's not considered because of a procedure that is not mentioned in any of the documentation from the courts.
And I thought small claims was intended to help a non-legal person.
I'm obviously going to have to sue him but I know he won't pay.
Any suggestions?

cono1717

Did this go through a mediation process? Was nothing mentioned there? It seems odd that the court would deny your claim simply because you didn't want anything back from him? Other people that have been through the process might be able to advise further but that definitely seems off to me.

m0bov

Maybe you should have paid rent and then claimed the cost back, unless you had the agreement from him in writing you still owed rent.

Davy44

No mediation process just straight to court.

waamo

I suspect your loss was because you failed to give him opportunity to fix it. Your post makes it sound like you got it fixed without telling him which he clearly didn't like.

Ectophile

As I read it, you haven't actually made any claim against the freeholder for the cost of fixing the wall.

The £1100 to fix the wall and the £966 charges are completely separate debts for different things. You've been ordered to pay the £966 because you owe it.

If you're in England or Wales, you have 6 years to start a claim against the freeholder for any losses you claim for their failure to maintain the property. It's 5 years in Scotland.