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CCJ and HCE caused by unpaid rent from unlicensed guardianship property

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  • CCJ and HCE caused by unpaid rent from unlicensed guardianship property

    Hello there

    Briefly, I used to live in guardianship property where applied HMO exemption on March 2018. And I moved in January 2019. I didn’t know much about housing law that time and obviously they didn’t say anything about it before I moved in.
    I was paying rent on time and there was no problem until I got the eviction notice. And by the time one of my friend found out they don’t have HMO license under that property. I thought, no HMO license and operating accommodation is*
    beaching the law so I stopped pay my rent and refused to leave. and they got me CCJ by unpaid rent for three months and stupidly I accepted all the claim at the response. Because I was naive and just scared to lose my credit score. So I made payment plan at got accepted by claimant. And I left the property before the final decision of the response. I was waiting for my deposit from the management but I couldn’t hear any news so.. I emailed them like I’ll start to pay off once I received my deposit... But no response has received. So I rejected my response at final decision and CCJ against me. I know it was a bit naive approach to dealing with these issue but... well.. The damage has already done.. and after few months I received a letter from HCE agency. Because I didn’t put any money on first payment.*
    So... I think I’m gonna do N244 to set aside the ccj and also stay the writ as I don’t think its fair to pay unpaid rent for unlicensed accommodation.
    But I’ve heard that set aside the judgment is valid only when I didn’t response at ccj and judge made a mistake. I have strong evidence like email from local house licensing department says about No HMO license has applied after exemption on March2018 and they were operating that property until end of November 2019. so... I’m so curious if this reason could be able to set aside of my CCJ even though I accepted all the claim at the first place?

    look forward to hear from you.

    Emily x



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