Putting County Court Judgement aside - Scamming Landlord sent my County Court Summons to himself.

Aero22

Hi guys, 
I'll try to keep it brief. Me and 2 other students moved out our final year accommodation in July 2023. The landlord had charged extortionate fees for some of the 'damage' left behind, as a result we challenged the claim with the deposit scheme we used. 

After submitting our evidence, the landlord opted out of the judgement service the scheme uses, and decided to go to court. We didn't hear anything for a solid 6 months of ringing up the scheme for an update. (Our landlord never engages in contact with us and so would never be able to get information from him).

Then, at the start of March, the deposit scheme sends us a scan of a Country Court Judgement in default against us (the tenants), for the amount of the WHOLE deposit. None of us ever received either a claim pack or judgement letter.

Having chased with the court system today, our landlord put the address of the house in question (i.e our student house that HE OWNS), as our address. Essentially, he knowingly sent our court information to himself so that we would have no idea of any claim until it was too late. Our actual home addresses are listed in the tenancy contract so he can't say he doesn't know our addresses.

Apart from being mildly impressed about the lengths he's gone to scam us out of around £1,500,  I'm wondering what my next steps here could be.

1. Is what he's done illegal? Or just exploiting the system.
2. Despite the situation, it will cost me £275 to request to put this aside. Is this worth the money? What if the judge agrees that the case should be set aside, but ultimately decides that the landlord is owed the deposit? Do we get the fee back in this scenario?
3. Am I missing anything? Any help is greatly appreciated!

Mr.Generous

It's a gamble, because if the judge awards half - once split between three - you'd be out of pocket. And that's assuming nil costs to fight. Did you leave a forwarding address when leaving?

If your old housemates will share the set asside charge I'd go for it.

user1977

I'm not sure if there's any caselaw on it, but for most tenants their previous address isn't also going to be their next address after the end of the tenancy - I don't know if there's any presumption that that's different where you know the tenant is a student.

peterhjohnson

Not sure but the landlord may have been correct to use your  "last known address"

Aero22

user1977 said:

I'm not sure if there's any caselaw on it, but for most tenants their previous address isn't also going to be their next address after the end of the tenancy - I don't know if there's any presumption that that's different where you know the tenant is a student.

I understand what you're saying and in general that makes sense. I have just looked at the tenancy agreement and there's this statement within the deposit section of the contract:

"a. The name, address, telephone number, and any email address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy:

Name: (My name)
Post Tenancy 
Address: (My Current Address)"

So hopefully this provides evidence that he willingly sent it to an incorrect address.

Having thought about it some more, I'm hoping the deposit scheme agrees with us that since he's sent an address that we don't live at, the ruling is essentially invalid? I'd never have known about this had the deposit scheme not sent through a copy of the judgement letter that our landlord sent to them...

propertyrental

The deposit scheme cannot over-rule the court. It is the judge you need to convince.....

GDB2222

Service of proceedings is all governed by part 6 of the Civil Procedure Rules. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

If you gave the LL an address for service of proceedings, the LL should have used that.

If you didn't give him a new address, then he was perfectly correct to use your last known address, ie the flat. That's what part 6 of the CPR requires him to do.  See parts 6.8 and 6.9.

theartfullodger

GDB2222 said:

Service of proceedings is all governed by part 6 of the Civil Procedure Rules. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

If you gave the LL an address for service of proceedings, the LL should have used that.

If you didn't give him a new address, then he was perfectly correct to use your last known address, ie the flat. That's what part 6 of the CPR requires him to do.  See parts 6.8 and 6.9.

+1, agreed.  

Works both ways, you could likewise as tenants take court action against landlord using his last known address if he'd moved and declined to provide you eith his new address...

Aero22

GDB2222 said:

Service of proceedings is all governed by part 6 of the Civil Procedure Rules. 

If you gave the LL an address for service of proceedings, the LL should have used that.

If you didn't give him a new address, then he was perfectly correct to use your last known address, ie the flat. That's what part 6 of the CPR requires him to do.  See parts 6.8 and 6.9.

Would this clause under the tenancy agreement count as me providing an address for service of proceedings? :

Aero22 said:

I understand what you're saying and in general that makes sense. I have just looked at the tenancy agreement and there's this statement within the deposit section of the contract:

"a. The name, address, telephone number, and any email address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy:

Name: (My name)
Post Tenancy 
Address: (My Current Address)"

GDB2222

Aero22 said:

GDB2222 said:

Service of proceedings is all governed by part 6 of the Civil Procedure Rules. 

If you gave the LL an address for service of proceedings, the LL should have used that.

If you didn't give him a new address, then he was perfectly correct to use your last known address, ie the flat. That's what part 6 of the CPR requires him to do.  See parts 6.8 and 6.9.

Would this clause under the tenancy agreement count as me providing an address for service of proceedings? :

Aero22 said:

I understand what you're saying and in general that makes sense. I have just looked at the tenancy agreement and there's this statement within the deposit section of the contract:

"a. The name, address, telephone number, and any email address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy:

Name: (My name)
Post Tenancy 
Address: (My Current Address)"

I think so, but I'm not a solicitor.  Presumably, all of the tenants gave their post tenancy address?

Aero22

GDB2222 said:

Aero22 said:

GDB2222 said:

Service of proceedings is all governed by part 6 of the Civil Procedure Rules. 

If you gave the LL an address for service of proceedings, the LL should have used that.

If you didn't give him a new address, then he was perfectly correct to use your last known address, ie the flat. That's what part 6 of the CPR requires him to do.  See parts 6.8 and 6.9.

Would this clause under the tenancy agreement count as me providing an address for service of proceedings? :

Aero22 said:

I understand what you're saying and in general that makes sense. I have just looked at the tenancy agreement and there's this statement within the deposit section of the contract:

"a. The name, address, telephone number, and any email address or fax number of the tenant, including such details that should be used by the landlord or scheme administrator for the purpose of contacting the tenant at the end of the tenancy:

Name: (My name)
Post Tenancy 
Address: (My Current Address)"

I think so, but I'm not a solicitor.  Presumably, all of the tenants gave their post tenancy address?

Yeah all 3 addresses listed in the contract, yet he chose to send it to a property he 100% knew we weren't living in. 
Oh well, think we're going to for it.