Section 11 (4) of the Practice Direction
Discussion
I have received notification by letter from an ex residential tenant of intended legal proceedings, with referral made to Section 11 (4) of the Courts Procedure Practice Direction.
The letter requests that in accordance with the Practice Directions I reply within 14 days. I am particularly rushed off my feet at the moment, and the contents of my reply will take some time to prepare, is there therefore anyway I can extend the 14 day period?
The letter requests that in accordance with the Practice Directions I reply within 14 days. I am particularly rushed off my feet at the moment, and the contents of my reply will take some time to prepare, is there therefore anyway I can extend the 14 day period?
Seems to be the deadline for disputing jurisdiction of the Court, although the 14 days is from acknowledging service. See https://www.justice.gov.uk/courts/procedure-rules/...
Disclaimer: Not a Solicitor, so treat this as guesswork at best
Disclaimer: Not a Solicitor, so treat this as guesswork at best
You can certainly send a short replying making it clear that you intend to provide a full and detailed response by a certain date but it would not be prudent to delay it too long. It also depends on the issues raised in the letter and what your initial position is on the matter.
I deal with landlord and tenant issues so feel free to drop me an email if you wanted some free advice on the basis of the specifics of your case.
I deal with landlord and tenant issues so feel free to drop me an email if you wanted some free advice on the basis of the specifics of your case.
The matter evolves around a tenant receiving a 2 month Section 21 Notice, then vacating the rental premises before the end of the fixed term 2 month notice period. Whilst there is nothing wrong with the tenant leaving the rental premises early, the tenant is still responsible for the rental payment and the rental premises up to the end of the Notice period.
Therefore from the Tenancy Security Deposit I have not only deducted the above rental monies due, but also other monies for cleaning carpets, late rental payment, gardening services etc.
The end of the above Notice period ended some 6 months ago, with the end of the protection period for the Tenancy Deposit under the TDS ending some 3 months ago. Now out of the blue I receive a letter disputing my monetary deductions from the Deposit, and requesting my response to the letter within 14 days, under Section 11 (4) http://www.justice.gov.uk/courts/procedure-rules/c...
Whilst legal proceedings have yet to commence, my referral to the above link indicates a response was required within 20 days, both those days being working days, or even an extension to the response time, would assist my busy schedule.
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
Therefore from the Tenancy Security Deposit I have not only deducted the above rental monies due, but also other monies for cleaning carpets, late rental payment, gardening services etc.
The end of the above Notice period ended some 6 months ago, with the end of the protection period for the Tenancy Deposit under the TDS ending some 3 months ago. Now out of the blue I receive a letter disputing my monetary deductions from the Deposit, and requesting my response to the letter within 14 days, under Section 11 (4) http://www.justice.gov.uk/courts/procedure-rules/c...
Whilst legal proceedings have yet to commence, my referral to the above link indicates a response was required within 20 days, both those days being working days, or even an extension to the response time, would assist my busy schedule.
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
Wings said:
The matter evolves around a tenant receiving a 2 month Section 21 Notice, then vacating the rental premises before the end of the fixed term 2 month notice period. Whilst there is nothing wrong with the tenant leaving the rental premises early, the tenant is still responsible for the rental payment and the rental premises up to the end of the Notice period.
Therefore from the Tenancy Security Deposit I have not only deducted the above rental monies due, but also other monies for cleaning carpets, late rental payment, gardening services etc.
The end of the above Notice period ended some 6 months ago, with the end of the protection period for the Tenancy Deposit under the TDS ending some 3 months ago. Now out of the blue I receive a letter disputing my monetary deductions from the Deposit, and requesting my response to the letter within 14 days, under Section 11 (4) http://www.justice.gov.uk/courts/procedure-rules/c...
Whilst legal proceedings have yet to commence, my referral to the above link indicates a response was required within 20 days, both those days being working days, or even an extension to the response time, would assist my busy schedule.
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
You mention late rental payment. I don't believe you can do this. Only non-payment of any rent due under the AST. Did you make the deductions unilaterally without negotiation? Did the tenant enter a dispute with the TDS?Therefore from the Tenancy Security Deposit I have not only deducted the above rental monies due, but also other monies for cleaning carpets, late rental payment, gardening services etc.
The end of the above Notice period ended some 6 months ago, with the end of the protection period for the Tenancy Deposit under the TDS ending some 3 months ago. Now out of the blue I receive a letter disputing my monetary deductions from the Deposit, and requesting my response to the letter within 14 days, under Section 11 (4) http://www.justice.gov.uk/courts/procedure-rules/c...
Whilst legal proceedings have yet to commence, my referral to the above link indicates a response was required within 20 days, both those days being working days, or even an extension to the response time, would assist my busy schedule.
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
I'm wondering whether one or both parties have not abided by the rules.
https://www.google.co.uk/url?sa=t&rct=j&q=...
You don't have to meet the deadline imposed by your ex tenant. The worst that can happen is that delays in pre action correspondence become relevant later to costs, and in my experience costs are rarely determined by reference to one missed deadline. Write indicating that you are preparing your response and indicate when you will send that. Write everything with a view to it being read by a Judge, so keep it calm, polite and concise.
As noted above, you have to be careful about deductions from the deposit for rent, as it is not supposed to be used for that. Having said that, if the facts are that rent was owed and the other deductions you made were reasonable ones having regard to the property's condition, the net outcome should favour you.
As noted above, you have to be careful about deductions from the deposit for rent, as it is not supposed to be used for that. Having said that, if the facts are that rent was owed and the other deductions you made were reasonable ones having regard to the property's condition, the net outcome should favour you.
Wings said:
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
Write back, and advise that given your current circumstances you will be unable to provide an adequate response within fourteen days. Note that it is in the interests of both parties if you set down a detailed response as this may prevent proceedings being issued. Give a date by which you will reply. Wings said:
The matter evolves around a tenant receiving a 2 month Section 21 Notice, then vacating the rental premises before the end of the fixed term 2 month notice period. Whilst there is nothing wrong with the tenant leaving the rental premises early, the tenant is still responsible for the rental payment and the rental premises up to the end of the Notice period.
Therefore from the Tenancy Security Deposit I have not only deducted the above rental monies due, but also other monies for cleaning carpets, late rental payment, gardening services etc.
The end of the above Notice period ended some 6 months ago, with the end of the protection period for the Tenancy Deposit under the TDS ending some 3 months ago. Now out of the blue I receive a letter disputing my monetary deductions from the Deposit, and requesting my response to the letter within 14 days, under Section 11 (4) http://www.justice.gov.uk/courts/procedure-rules/c...
Whilst legal proceedings have yet to commence, my referral to the above link indicates a response was required within 20 days, both those days being working days, or even an extension to the response time, would assist my busy schedule.
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
Usual story landlord assumes tenants deposit is to be raped and pillaged, landlord is surprised when it blows up in their face.Therefore from the Tenancy Security Deposit I have not only deducted the above rental monies due, but also other monies for cleaning carpets, late rental payment, gardening services etc.
The end of the above Notice period ended some 6 months ago, with the end of the protection period for the Tenancy Deposit under the TDS ending some 3 months ago. Now out of the blue I receive a letter disputing my monetary deductions from the Deposit, and requesting my response to the letter within 14 days, under Section 11 (4) http://www.justice.gov.uk/courts/procedure-rules/c...
Whilst legal proceedings have yet to commence, my referral to the above link indicates a response was required within 20 days, both those days being working days, or even an extension to the response time, would assist my busy schedule.
I am rather peeved that the ex tenant has had 6 months to raise a dispute, and yet requires a reply to the letter within 14 days.
Can't see you can charge late fees if removing from deposit.
In terms of grass and carpet did you quote the works to tenant and offer them chance to respond?
We don't know if its reasonable based on the little info provided, I assume you went down the TDS Disputes to take the money?
sounds on the rent from the tenant didnt get advice re leaving inside the notice period.
This is a tenant that enjoyed four years tenancy without both an increase in rent, and well below market value. Possibly the most obnoxious, controlling and difficult tenant I have ever had the misfortune to deal with. Repairs became difficult to organise, tenant making false allegations against me of both harassment and entering the premises without permission.
Had the landmark High Court Judgment Superstrike Ltd. v Rodriques 2013 not clouded the legal waters, the same covering the new protection of a Deposit at the start of a Periodic Tenancy, then this tenant would have received a Section 21 Notice back in 2013.
At the end of the tenancy the tenant received a list of deductions, together with advice on how to raise a dispute under the TDS, with further reminders of the same to the tenant during and up to the end of the 3 months period of when the TDS protected the Deposit.
Now nearly 6 months after the end of the tenancy, and outside the period when the TDS protects the Deposit, the ex tenant appears to be starting proceedings before the Small Claims Court. Whilst I have no problems with defending any court proceedings, I do require both extended time for starting the defence of those proceedings, and for the ex tenant having to forfeit any rights to a claim for legal costs.
Had the landmark High Court Judgment Superstrike Ltd. v Rodriques 2013 not clouded the legal waters, the same covering the new protection of a Deposit at the start of a Periodic Tenancy, then this tenant would have received a Section 21 Notice back in 2013.
At the end of the tenancy the tenant received a list of deductions, together with advice on how to raise a dispute under the TDS, with further reminders of the same to the tenant during and up to the end of the 3 months period of when the TDS protected the Deposit.
Now nearly 6 months after the end of the tenancy, and outside the period when the TDS protects the Deposit, the ex tenant appears to be starting proceedings before the Small Claims Court. Whilst I have no problems with defending any court proceedings, I do require both extended time for starting the defence of those proceedings, and for the ex tenant having to forfeit any rights to a claim for legal costs.
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