Attendance in court when live abroad - please help!

[missmooch]

Hi Guys


Hoping someone legally minded could help.


I am hoping to take a letting agent that breached contract to court via mcol.


However I live abroad and my concern is that if they defend the action what happens next. I am happy to prepare the case and supporting evidence for court however attendance in court is obviously difficult.

I have asked a few solicitors do I need to attend or could I appoint them on my behalf providing them with my evidence - some say yes I would need to attend as the letting agent will request this knowing it is difficult for me, some say no.

I also intend to chase some ex tenants for rent arrears using mcol - would the same apply here?


Could anyone advise?

Thanks for any help

[jaguarsuk]

Re: Attendance in court when live abroad - please help!

You don't have to attend court whether you use a solicitor or not, you may send a letter to the court no later than 7 days prior to the hearing asking that the judge decide based on your written evidence.

However, it's a good idea to attend (or have someone attend on your behalf) as if the defendant attends and things are raised outside of what's written down then the judge would only be able to decide on those points raised on what they hear from one side.

[Diana M]

Re: Attendance in court when live abroad - please help!

I am hoping to take a letting agent that breached contract to court via mcol.

However I live abroad and my concern is that if they defend the action what happens next. I am happy to prepare the case and supporting evidence for court however attendance in court is obviously difficult.

In what way has your letting agent breached your contract?

Since 1st October 2014 all letting agents are obliged by law to belong to a third party redress scheme so why not check which scheme they belong to and then try to resolve the issue using the free complaints process where compensation can be awarded.

That way there would be no need for you to be in the UK to deal with the issue.

Read this for information and links to the three scheme's websites > https://england.shelter.org.uk/housi...edress_schemes

If that's unsuccessful you may wish to consider legal proceedings but that should always be a last resort.

Di

[missmooch]

Re: Attendance in court when live abroad - please help!

Thanks for your kind reply Di - yes have been through the redress scheme, and it was awarded in my favour but unfortunately the award falls well short of what I believed is owed to me so now it is onto court.

As such am I required to attend?

[Diana M]

Re: Attendance in court when live abroad - please help!

Thanks for your kind reply Di - yes have been through the redress scheme, and it was awarded in my favour but unfortunately the award falls well short of what I believed is owed to me so now it is onto court.

So your complaint was upheld but you don't agree with the amount of compensation awarded.

What is the complaint about and what reason did the redress scheme give you for not awarding full compensation for your loss?

You need to establish whether a court would see things differently.

Di

[Diana M]

Re: Attendance in court when live abroad - please help!

I also intend to chase some ex tenants for rent arrears using mcol

Is this a separate issue or is it linked to the letting agent who has caused you a loss? Were they (or another agent) collecting the rent on your behalf (and paying your tax to HMRC) since you live abroad?

Did the tenants pay a deposit at the start of their tenancy and was all of it returned to them at the end or were you in a position to withhold the money to cover rent arrears (perhaps the rent arrears exceeded the deposit taken)?

Did the tenants leave before the end of their tenancy fixed term so the sum due may be for rent due while the property was unoccupied or did you re-let the property which may effect (part of) any claim you make (the court's view may be that you can't have the rent 'paid twice')?

Was anything (other than the rent) in dispute with your tenants when they left in case they are advised to make a counterclaim if you make a claim against them?

I'm sure you've covered all these things when deciding to issue legal proceedings, but if you are not able to attend court and you want the DJ to decide the case based on your written evidence only then it's wise to play devil's advocate in advance.

Finally, is the property insured and does your policy contain Legal Expenses cover to fund your legal costs if/when you issue legal proceedings if there are good prospects of success?

Di

[missmooch]

Re: Attendance in court when live abroad - please help!

Thanks for your replies again Di - very helpful of you! Appreciate your time!

What is the complaint about and what reason did the redress scheme give you for not awarding full compensation for your loss?

I don't really want to go into too much detail here but negligence with repairs, charging commissions on subcontractor invoices not declared up front, acted negligently regarding smoke alarms, and it goes on. I have proof of all of these.

Is this a separate issue or is it linked to the letting agent who has caused you a loss? Were they (or another agent) collecting the rent on your behalf (and paying your tax to HMRC) since you live abroad]

Its both. Yes they were collecting the rent. I have an exemption regarding tax and do my own SA.

Did the tenants pay a deposit at the start of their tenancy and was all of it returned to them at the end or were you in a position to withhold the money to cover rent arrears (perhaps the rent arrears exceeded the deposit taken)

Yes they paid a deposit and yes in most cases I withheld to cover arrears.

Did the tenants leave before the end of their tenancy fixed term so the sum due may be for rent due while the property was unoccupied or did you re-let the property which may effect (part of) any claim you make (the court's view may be that you can't have the rent 'paid twice')?

No

Was anything (other than the rent) in dispute with your tenants when they left in case they are advised to make a counterclaim if you make a claim against them?

Not that they highlighted to me.

I'm sure you've covered all these things when deciding to issue legal proceedings, but if you are not able to attend court and you want the DJ to decide the case based on your written evidence only then it's wise to play devil's advocate in advance.

I was thinking of getting a solicitor to represent me rather than just submitting written evidence alone. Is this a good idea?

Finally, is the property insured and does your policy contain Legal Expenses cover to fund your legal costs if/when you issue legal proceedings if there are good prospects of success?

Yes insured but the legal expenses cover is pretty useless. eg arrears are only covered if the tenant admits to them....which is very unlikely.

[jaguarsuk]

Re: Attendance in court when live abroad - please help!

I was thinking of getting a solicitor to represent me rather than just submitting written evidence alone. Is this a good idea?

Yes, if you are able to afford the expense of a solicitor it's a good idea to have one represent you to ensure your side is properly put to the judge on the day.