Appeal against CCJ from tennant

techra02

Hi there, the CC has awarded for the claimant a small claims dispute from a former tennant who asked to leave a contract early due to Covid.  She intended to use the property as an AirBnb, as I was having to work as a carer due tolockdown, but was unable to do this due to the virus.  She requested to terminate the contract early and I, unfortunately. agreed providing I could find an alternative tennant. At the end of the contract I found another tennant fairly quickly repaid the deposit th which was held in the TDS, and said I would refund and duplicate payments.  However I found out when visiting the property that she had painted some areas, but not others, to look good in published photographs so I deducted the cost of returning the woodwork to the original colour.  She would not accept this and filed a small claim against me for the amount she felt appropriate (never did find out where the figure came from), stating that she was the tenant and had lost her job.  Dishonest information.  I submitted the details to the court, contract, witness names etc.  She has failed to respond to attend any requests from the court, failed to attend mediation where I was told I could reduce the amount offered to take into account repainting, and there has been no formal hearing either via zoom or telephone.  I have however received a CCJ awarding her the judgement - do you think it would be worth appealing it seems that due process wasn't followed.  No pre claim offer, or time (submitted within a week) and no telephone hearing.

AdrianC

Sorry, can you clarify a bit?

You agreed to the deposit protection scheme releasing the deposit to the ex-tenant... THEN you decided you wanted some for the paintwork.
Did they then send you the money for that? Now they've won a small claim against you for some money for something else?
Or had you deducted that before agreeing to the release? Did the tenant not refer it to the scheme's arbitrators?

Yes, you can appeal a small claim decision... But I think you're expecting too much from the process. It's all done behind-the-scenes these days in most cases, based on the claim and defence submitted. 
https://www.gov.uk/government/publications/form-n164-appellants-notice-small-claims-track-only

anselld

Well the Court must have followed some due process to award a CCJ against you.  You submitted your defence but unfortunately you lost.  Probably better to settle the CCJ within the 28 days to avoid damaging your credit record.

princeofpounds

techra02 said:

there has been no formal hearing either via zoom or telephone.  I have however received a CCJ awarding her the judgement - do you think it would be worth appealing it seems that due process wasn't followed.  

It sounds like you have missed out on part of the process then - there must have been a judgement of some kind to produce the CCJ. I'm not super-familiar with the process but you may be able to apply to have the verdict set aside on the basis that something went wrong with the process, but I can't tell you what that is in your specific case.

[Deleted User]

For us to help, you need to cut out any information that doesn't directly apply to the judgment as what you have written is a bit confusing.  I've read it three times.  I think you were claiming for the cost of restoring some repainted wood to its original colour?  She said she wasn't working (not that she hadn't repainted the wood or the damage wasn't as great as you said?) and somehow won the judgement on that basis? 

Or was it that your quotes or claim were judged to be set too high or were unreasonable?  How much did you claim for and was it for the repainting only or for other things as well? 

How much was the defendant awarded in the end?

If you want to argue that legal process wasn't followed, I suspect you will need a solicitor for that.

But I suspect you might have introduced too much information into the claim that the judge decided wasn't relevant, didn't argue your case successfully but the claimant made a successful counter claim against you.  Not clear because your OP is a bit confused.

techra02

Thanks all, I do take your point it was confusing.  The small claim submission happened so soon after the 'event' within 3 weeks,  I hadn't visited the property and noted the paintwork had been altered.  My main reason for appeal was that she lied on her submission saying she was a tennant, which she wasn't, she was a AirBnb host.  But I appreciate the response, and have learnt that I should have stuck to the contract.  Thanks everyone. 

As she has not responded to any request from the court it may be she has left the country, so I can offer a settlement payment plan it was for £900.00.

AdrianC

So you approved the return of the deposit without seeing the property?

The fact she wasn't living in the property, but was subletting it via AirBnB, doesn't change the fact she was your tenant. If she wasn't your tenant, why did she have keys and what were you holding a deposit for?

anselld

Probably didn't help you case that you can't spell "tenant" or that you repeatedly refer to her as "tennant" in your OP.  

Were you really trying to rely on the technicality that because she didn't live there she could not be a tenant?  There is some truth in that but it would not change the outcome if the Court determined your deductions were unfair.   

The deductions were presumably made from the deposit or other monies paid to you by the "tenant", ie tenant monies.  Why would they then agree to a payment plan for return of their own money?  As I said earlier 28 days to pay and protect your credit record.

Jumblebumble

techra02 said:

Hi there, the CC has awarded for the claimant a small claims dispute from a former tennant who asked to leave a contract early due to Covid.  She intended to use the property as an AirBnb, as I was having to work as a carer due tolockdown, but was unable to do this due to the virus.  She requested to terminate the contract early and I, unfortunately. agreed providing I could find an alternative tennant. At the end of the contract I found another tennant fairly quickly repaid the deposit th which was held in the TDS, and said I would refund and duplicate payments.  However I found out when visiting the property that she had painted some areas, but not others, to look good in published photographs so I deducted the cost of returning the woodwork to the original colour.  She would not accept this and filed a small claim against me for the amount she felt appropriate (never did find out where the figure came from), stating that she was the tenant and had lost her job.  Dishonest information.  I submitted the details to the court, contract, witness names etc.  She has failed to respond to attend any requests from the court, failed to attend mediation where I was told I could reduce the amount offered to take into account repainting, and there has been no formal hearing either via zoom or telephone.  I have however received a CCJ awarding her the judgement - do you think it would be worth appealing it seems that due process wasn't followed.  No pre claim offer, or time (submitted within a week) and no telephone hearing.

Is my understanding correct that you were a defendant taken to court but were given no opportunity to defend yourself beyond submitting a written defence ?

Jumblebumble

deannatrois said:

For us to help, you need to cut out any information that doesn't directly apply to the judgment as what you have written is a bit confusing.  I've read it three times.  I think you were claiming for the cost of restoring some repainted wood to its original colour?  She said she wasn't working (not that she hadn't repainted the wood or the damage wasn't as great as you said?) and somehow won the judgement on that basis? 

Or was it that your quotes or claim were judged to be set too high or were unreasonable?  How much did you claim for and was it for the repainting only or for other things as well? 

How much was the defendant awarded in the end?

If you want to argue that legal process wasn't followed, I suspect you will need a solicitor for that.

But I suspect you might have introduced too much information into the claim that the judge decided wasn't relevant, didn't argue your case successfully but the claimant made a successful counter claim against you.  Not clear because your OP is a bit confused.

I think the confusion  as to why a claimant could be making a counter claim may not help the OP

GrumpyDil

Really not clear but I think the tenant had made an overpayment which the OP was going to refund. However they then deducted the money from the refund. At least that's the only way I can make sense of it.

OP. Sounds like you may have missed a deadlne somewhere in the process and the tenant obtained judgement by default. That said by agreeing to release the deposit before checking the property you did yourself no favours and I'd suggest chalking this down to experience and paying the judgement.