UK Landlord Forum / Life

Hello again....

I asked earlier about my situation whereby lodger hadnt given notice went on holiday and then demanded his deposit back having not given written or any type of notice. I replied to his notification of taking me to court with all details messages etc as advised by feedback on here... can anyone advise what happens at court , my lodger has made up a load of stuff which is totally lies and nothing he said is fact or in writing ie saying we were in a realationship thats why he didnt put in writing,  he said when he tells judge this will count .
Any experience help will be greatly appreciated ..

Most likely scenario is that he goes online and submits an online claim for damages in the Small Claims Court.  You will not see a lawyer, but respond as a litigant in person.

A rather long time will pass and then you'll receive a pile of forms from Northampton County Court.  By way of these forms they will advise you of the particulars of this gentleman's claim and then ask you if you'd like to make a defence.  You say yes, and then you explain your side of it, attaching a photocopy of the letter I advised you to write in the other thread.  Then you deny everything that he has said that's false, using words like: "The Claimant's statement that we were in some kind of relationship is denied.  He was my lodger and nothing more."  Then at the end of your form you sum it up by saying, "This claim is vexatious."

A rather long time passes again, and then Northampton County Court will transfer the matter to a County Court local to you.  The local County Court will list it for a hearing and tell you when the hearing is.  It may be quite a long time from the day you get the forms.  Bizarrely they'll ask you how long you estimate the matter will take.  Estimate one or two hours.  Then, and this is important, tell them that while you're happy to attend the Court, you don't want to be left alone with the claimant or put in the same waiting room as him.  They will make appropriate arrangements.

In my experience the judge will have read, and thought about, every single piece of paper you've submitted quite some time before it comes to the hearing.  This is why he or she will very much appreciate it if you are absolutely clear and absolutely succinct.  Ideally, your evidence consists of one clear letter that establishes the sequence and gives the reason for your actions in full, plus one clear Court form specifically denying everything that's untrue in your ex-lodger's claim, and nothing else.

At trial, the judge will ask you if you have any additional evidence to submit.  Say "No sir" or "No ma'am" as appropriate and go very quiet.  Unless the judge asks you any questions this might be the last time you will speak.

The judge will turn to the Claimant and ask him to prove the things that you've denied are true.  The judge will be very assertive, and will ask specific, incisive questions, and will have no patience for waffle.  When the judge senses that the Claimant is lying, and they do tend to have good instincts for that, you can sit back and enjoy the show.   

This must be very stressful for you.I can understand you want to be prepared,as Jack Reacher says "Hope for the best,and prepare for the worst".I would add the information about the police,and the fact that he has been sectioned.Starting an action against you will cost him money upfront,and involve a degree of organisation that is not in keeping with what you say about his temperament.It is so much easier to say than do,but the fact is if you let this sad creep freak you out,then he has already won,regardless of what the court would decide.