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?
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.
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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