Lodger lied during application, outcome on page 29...!

BrownTrout

NameUnavailable said:

themastergoose said:

GDB2222 said:

themastergoose said:

Quick update if ppl are still following this. He’s declined mediation so it’s going to a full hearing at some date at the county court.

I can’t gauge whether he’s being serious and is going to attend and attempt a defence, or he’s spend the money and just longing this out to annoy me for whatever reason? I guess I’ll soon find out.

Given that you find these proceedings annoying, the obvious course would be to try to settle the matter. My understanding is that you have made no attempt to do so. 

Tactically, he’s right to refuse mediation, as it only works if both parties are prepared to settle.

Why would I try and settle the matter with the criminal? He's asking for £5651.91 and I'm not negotiating anything above £0.00. I requested mediation, he refused it.

Both parties don't need to agree a settlement figure because I'm not giving him a penny and would have drove that point home very clearly and explained why his claim has zero weight behind it. Paying him anything towards all of this would imply I accept his claim and was at fault. That's not happening.

I handled a case for a company I worked for, a case over a debt went to SCC and mediation. The mediation was basically a guy on the phone asking what we'd settle for - they just try to agree a figure between both parties to save court time. If you went to mediation and then said you weren't prepared to offer anything that would look bad on you! As the other party have refused that should work in your favour.

canaldumidi said:

Counter claim for lost rent that would have been guaranteed for 6 months from an alternative, acceptable, lodger?

Sorry @nameunavi@NameUnavailable its these uninformed and incorrect comments that really annoy me when people discuss the court process.
Mediation results/refusing it etc have no effect what so ever on a case on the small claims track. 
It will not effect the outcome or the issue of costs (already limited)

GDB2222

BrownTrout said:

NameUnavailable said:

themastergoose said:

GDB2222 said:

themastergoose said:

Quick update if ppl are still following this. He’s declined mediation so it’s going to a full hearing at some date at the county court.

I can’t gauge whether he’s being serious and is going to attend and attempt a defence, or he’s spend the money and just longing this out to annoy me for whatever reason? I guess I’ll soon find out.

Given that you find these proceedings annoying, the obvious course would be to try to settle the matter. My understanding is that you have made no attempt to do so. 

Tactically, he’s right to refuse mediation, as it only works if both parties are prepared to settle.

Why would I try and settle the matter with the criminal? He's asking for £5651.91 and I'm not negotiating anything above £0.00. I requested mediation, he refused it.

Both parties don't need to agree a settlement figure because I'm not giving him a penny and would have drove that point home very clearly and explained why his claim has zero weight behind it. Paying him anything towards all of this would imply I accept his claim and was at fault. That's not happening.

I handled a case for a company I worked for, a case over a debt went to SCC and mediation. The mediation was basically a guy on the phone asking what we'd settle for - they just try to agree a figure between both parties to save court time. If you went to mediation and then said you weren't prepared to offer anything that would look bad on you! As the other party have refused that should work in your favour.

canaldumidi said:

Counter claim for lost rent that would have been guaranteed for 6 months from an alternative, acceptable, lodger?

Sorry @nameunavi@NameUnavailable its these uninformed and incorrect comments that really annoy me when people discuss the court process.
Mediation results/refusing it etc have no effect what so ever on a case on the small claims track. 
It will not effect the outcome or the issue of costs (already limited)

There has been an awful lot of uninformed advice on this thread. Litigation is a great spectator sport, and the people urging the OP on, and even to inflame the situation, have probably never had to deal with it. 

The good news is that the lodger has a terrible case. Even so, the OP will have to spend a considerable amount of time and effort on not losing. 

anotheruser

But, OP, please report back.

This will allow those who think they know the process and what will happen to go home with their tails between their legs and keep everyone up to date with support / general nosing.

Ms_Chocaholic

We're all rooting for you

NameUnavailable

Sorry I didn't realise that the court isn't interested whether the parties have acted reasonably or not.

CKhalvashi

NameUnavailable said:

Sorry I didn't realise that the court isn't interested whether the parties have acted reasonably or not.

In this case the entire dispute is regarding whether OP has acted reasonably or not.

Sistergold

The world becomes terrible when good men do nothing. Yes court and solicitors costs time and money but if one always pays up then certain people will become stronger in their misconduct. OP needs to see the process through and be told what will be a fair settlement if any. How can a lodger demand £5k? £5k can be a deposit for a house. If he had claimed a week’s rent then there could be something to talk about if at all. It’s all just so ridiculous. 

It’s the same as tenants who don’t pay rent for months and still want the landlord to fix things, want the landlord to go to court just to move out etc. Yes I know the law says the landlord is responsible but I think the whole arrangement  is becoming upside down. If you are in someone’s house and you are violent or found to be a criminal why not just go? 

OP keep us posted of outcomes. Learning never ends. 

BrownTrout

NameUnavailable said:

Sorry I didn't realise that the court isn't interested whether the parties have acted reasonably or not.

Unreasonable behaviour in litigation is a whole different kettle of fish and quite a high bar to get over when looking for an unreasonable costs order

BrownTrout

GDB2222 said:

BrownTrout said:

NameUnavailable said:

themastergoose said:

GDB2222 said:

themastergoose said:

Quick update if ppl are still following this. He’s declined mediation so it’s going to a full hearing at some date at the county court.

I can’t gauge whether he’s being serious and is going to attend and attempt a defence, or he’s spend the money and just longing this out to annoy me for whatever reason? I guess I’ll soon find out.

Given that you find these proceedings annoying, the obvious course would be to try to settle the matter. My understanding is that you have made no attempt to do so. 

Tactically, he’s right to refuse mediation, as it only works if both parties are prepared to settle.

Why would I try and settle the matter with the criminal? He's asking for £5651.91 and I'm not negotiating anything above £0.00. I requested mediation, he refused it.

Both parties don't need to agree a settlement figure because I'm not giving him a penny and would have drove that point home very clearly and explained why his claim has zero weight behind it. Paying him anything towards all of this would imply I accept his claim and was at fault. That's not happening.

I handled a case for a company I worked for, a case over a debt went to SCC and mediation. The mediation was basically a guy on the phone asking what we'd settle for - they just try to agree a figure between both parties to save court time. If you went to mediation and then said you weren't prepared to offer anything that would look bad on you! As the other party have refused that should work in your favour.

canaldumidi said:

Counter claim for lost rent that would have been guaranteed for 6 months from an alternative, acceptable, lodger?

Sorry @nameunavi@NameUnavailable its these uninformed and incorrect comments that really annoy me when people discuss the court process.
Mediation results/refusing it etc have no effect what so ever on a case on the small claims track. 
It will not effect the outcome or the issue of costs (already limited)

There has been an awful lot of uninformed advice on this thread. Litigation is a great spectator sport, and the people urging the OP on, and even to inflame the situation, have probably never had to deal with it. 

The good news is that the lodger has a terrible case. Even so, the OP will have to spend a considerable amount of time and effort on not losing. 

Yes indeed and its a shame that people give advice when they haven't even stepped inside a court room

BrownTrout

CKhalvashi said:

NameUnavailable said:

Sorry I didn't realise that the court isn't interested whether the parties have acted reasonably or not.

In this case the entire dispute is regarding whether OP has acted reasonably or not.

A good article on unreasonable behaviour and resulting cost orders
https://www.lpc-law.co.uk/news/the-rule-on-unreasonable-behaviour-in-small-claims-reasonably-obvious/