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England
My uncle and auntie purchased a home in 2021 with sitting tenants. They wanted to live there but have been naive about evictions.
In 2023, they hired an Evictions Specialist. It's generally been a poor service from them but things were moving (albeit slowly).
They applied for an accelerated possession order which the tenants appealed. There was a hearing and the judge dismissed it due to the order not including deposit info.
My uncle told the evictions specialist that he did not have a deposit but the former landlord did. The evictions specialist said that's fine and that they didn't need to include the deposit info. They sent over the possession order and my uncle signed it.
The question on the form "Was a deposit paid in connection with the current tenancy or any prior tenancy of the property to which the Defendant was a party?" seems clear to me this should have been ticked yes. But on the advice of the evictions specialist, they ticked it no and my uncle signed off on it.
Unfortunately there is no written communication here so no way to prove the conversations between my uncle and the evictions specialists (may try to get phone recordings if they have it under SAR).
The evictions specialist have been very difficult in trying to understand this from their POV and only sent over the signed form saying they do not take responsibility for what their client tells them.
Wondering if we have any chance of reclaiming the fees back in court? They're the specialists. My uncle has no reason to mislead them about the deposit and wouldn't know any better if they've told him he doesn't need to include it.
My uncle and auntie purchased a home in 2021 with sitting tenants. They wanted to live there but have been naive about evictions.
In 2023, they hired an Evictions Specialist. It's generally been a poor service from them but things were moving (albeit slowly).
They applied for an accelerated possession order which the tenants appealed. There was a hearing and the judge dismissed it due to the order not including deposit info.
My uncle told the evictions specialist that he did not have a deposit but the former landlord did. The evictions specialist said that's fine and that they didn't need to include the deposit info. They sent over the possession order and my uncle signed it.
The question on the form "Was a deposit paid in connection with the current tenancy or any prior tenancy of the property to which the Defendant was a party?" seems clear to me this should have been ticked yes. But on the advice of the evictions specialist, they ticked it no and my uncle signed off on it.
Unfortunately there is no written communication here so no way to prove the conversations between my uncle and the evictions specialists (may try to get phone recordings if they have it under SAR).
The evictions specialist have been very difficult in trying to understand this from their POV and only sent over the signed form saying they do not take responsibility for what their client tells them.
Wondering if we have any chance of reclaiming the fees back in court? They're the specialists. My uncle has no reason to mislead them about the deposit and wouldn't know any better if they've told him he doesn't need to include it.
