Can a landlord ever claim court fee costs from a difficult tenant associated with judicial proceedings related to seeking eviction orders? Suppose Theodore the statutory periodic assured tenant is served with a Notice under s.21, Housing Act 1988 by Larry his landlord and then stays until Larry applies to a court for a possession order by posting a £300+ fee. Then Theodore stays again until Larry pays additional £100+ fee to request for bailiffs to remove Theodore. Suppose Larry further pays a lawyer £1000 to submit all of these processes to the court etc. 4 months later, bailiffs have come and ushered Theodore out of the premises. Can Larry ever claim any of these legal costs of £1400+ from Theodore? What are the rules that determine whether Larry will be awarded these or any of these costs?
Yes: Your landlord can start court action once the date on the section 21 notice has passed. The costs of an eviction can be at least £500. You may have to pay for the costs of the eviction if the notice is valid. Source - Shelter Even if the landlord's claim is successful, whether it is actually settled by the tenant may well depend on their financial status and ability to pay.
As soon as possible. Liability There is no contract here so you would be relying on the tort of negligence and/or trespass. If you have suffered damage from somebody else's negligence then they are liable for your loss. Part of the problem that you face is you need to determine exactly who was potentially negligent. It probably isn't your neighbour! It is quite likely that your neighbour was using a contractor; a contractor is not an agent and so your neighbour has not been negligent, the contractor has. If you were to sue your neighbour in those circumstances you would lose. You need to take steps now to find out exactly who the person was who caused the damage - that's the person you would need to sue. To win a negligence claim, you need to prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person), the negligent conduct was, in law, the cause of the harm to the plaintiff, and the plaintiff was, in fact, harmed or damaged. If the facts are as you say: They probably have a duty, They probably failed in that duty, See below, You have clearly suffered harm or damage. Types of loss or damage The treatment of loss or damage under the law depends on what type of loss it is: Direct loss includes the repair and rehabilitation of the property - this would generally be recoverable, i.e. legally it is a cause of harm. Consequential loss includes the loss of rental income during the period that the property is unavailable. Alternatively, a court may consider that the loss is the cost of you providing alternative accommodation to the tenant if this was an obligation on you; this could be more or less than the rent. It would also include relocation costs etc. This is also generally recoverable. Pure economic loss would include loss of earnings if the tenant terminated the lease and you were unable to find a replacement or were forced to lower the rent as well as any advertising or agent's costs. While it is possible to recover this, it is quite likely that this would be considered unforeseeable and therefore not a legal cause of harm. The legal reasoning is that the loss (tenant terminating the lease) is too far removed from the proximate cause (damage to the unit) to hold the defendant responsible for it. You have already indicated that the tenant is trying to use the circumstances to their advantage; this is not something that could have been foreseen. Duty to mitigate loss You have a duty to mitigate the loss caused by the negligence. This would normally include ensuring that repairs were carried out in the most time and cost-efficient way possible. The defendant is only liable for reasonable costs; not actual costs. Insurance If a third party is liable for the loss, then they are liable for the loss irrespective of if it is covered by your insurance. Your insurance company can sue in your name to recover whatever they have lost; while they can, they will only if they believe it is commercially worthwhile. You need to talk to your insurer to determine what they will cover and what they won't and if they are going to seek to recover and what they will do if you seek to recover - they may choose to take the lead and tack your stuff on the back.
A settlement is fundamentally a contract where parties A and B promise to do certain things (one of them being "stop litigating"). A court order is an enforceable order to do something. A contract cannot be directly enforced (where force is used to make a person comply), it requires a court order for actual enforcement. The conditions of a contract might be enforceable, but you can't get the sheriff to come out based just on a contract. It appears that you got to the "facilitation" phase where the parties talk about the issue and the CRT case manager talks to the parties in neutral terms, aiming for an agreement. If you don't reach an agreement, the Tribunal Decision Process escalates the matter. Under the decision process, the CRT member makes a decision, and it can be enforced in court. They state that "For a $25 fee, the CRT can turn your agreement into an order, if both parties agree that an order should be issued. This is called a “consent resolution order”." I suppose that you did not go through that step, and you only have an agreement. So you would need a separate court process to get a court order. Because everything that you did in this negotiation phase is confidential, if you want CRT to give you something that is enforceable, you have to present the case from the beginning, since they don't have access to what has happened before. The problem in your account is that a settlement has to be reached by yourselves – possibly with the assistance of the CRT case manager. I assume you did actually get a settlement (agreement) with the landlord, but have not filed for a consent resolution order. It may be that the case is too old for you to just pay the $25, and it does require agreement by the other party. Read their FAQ about how cases end.
The relevant part of Texas law is in the property code, §§92.101-92.109 §92.104 allows them to "deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease", and then they must "give to the tenant the balance of the security deposit, if any, together with a written description and itemized list of all deductions" (except when there is uncontroversial rent owed). §92.109 states what the landlord's liability is, namely a landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit. This requires bad faith, not just being wrong. If you dispute the deductions, you can sue the landlord to recover the deposit. The law also provides that "In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable". In order to extract more money from you for putative damages, the landlord will have to sue you and establish that there was an additional $2,000 damages. If the court finds that you did actually did damage the apartment, you may be ordered to compensate the landlord. Until you get such an order, you don't owe them anything; you may be able to recover the damage deposit if the "damage" was insignificant. This sketches the process of suing in Justice Court to get your deposit back, highlighting details like the demand letter that you might not have known you have to write. As far as your credit history is concerned, this is not entirely clear. The Fair Credit Reporting Act regulates the industry of credit reporting, and crucially you can dispute false claims of debts. This does not prevent a person from making such a claim. I do not have an account with the Big 3 reporting services, so I don't know what their standards are for recording a putative debt. However, you can insert a suitable statement in your record disputing the validity of the claim. It is most likely that the landlord would sell the putative debt to a collection agency. That industry is regulated by the Fair Debt Collection Practices Act, and there is a procedure about disputing an alleged debt.
It’s not a problem Is there any reasonable prospect that you or the landlord would argue in a dispute that you are not the tenant? No. Is there any reasonable prospect on all the available evidence that such an argument would succeed? No. Therefore, no problem. Where this can be a problem is if someone commences legal action in the wrong name (e.g. the landlord sues “Travis Parks” instead of “Parks Travis”] and there is a summary judgement (if there is a hearing the mistake will be sorted out). A judgement cannot be enforced except on the named person. It can also be a problem if the lease is in the name of a company. Because companies are ‘virtual’ people, they can only act through agents and their name (and number in some jurisdictions) is the only thing that identifies them.
I haven't listened to the podcast, but this is probably referring to the anticipated &quot;Renters Reform Bill&quot;. A white paper was published on 16 June 2022. There is no Bill before Parliament yet, so the mooted changes are quite a long way from happening. (Additionally, the usual political churn may mean that this does not happen at all. The Secretary of State has already changed, and will likely change again once there is a new Prime Minister; political priorities may shift in all sorts of ways; there could be a general election; etc.) One proposal from the government is (section 3.1): We will abolish Section 21 evictions and simplify tenancy structures. To achieve this, we will move all tenants who would previously have had an Assured Tenancy or Assured Shorthold Tenancy onto a single system of periodic tenancies. Tenants will need to provide two months’ notice when leaving a tenancy, ensuring landlords recoup the costs of finding a tenant and avoid lengthy void periods. This will provide greater security for tenants while retaining the important flexibility that privately rented accommodation offers. This will enable tenants to leave poor quality properties without remaining liable for the rent or to move more easily when their circumstances change, for example to take up a new job opportunity. Landlords will only be able to evict a tenant in reasonable circumstances, which will be defined in law, supporting tenants to save with fewer unwanted moves. Currently, tenants on an AST cannot leave their tenancy during the fixed term, unless the tenancy agreement specifically provides for this with a &quot;break clause&quot;. A break clause might say that after six months, the tenant is allowed to terminate the arrangement with one month of notice to the landlord. Or there might be no break clause at all, so that the arrangement can end early only if the landlord and tenant agree (&quot;surrendering the tenancy&quot;). Once the fixed term ends, it can be renewed for another fixed term, or terminated, or else it rolls on to become a &quot;periodic tenancy&quot;, typically month-to-month. The tenant can give notice to quit during this time. The government's proposal seems to amount to having no initial fixed term, but a statutory periodic tenancy from the get-go. As far as timing, the white paper says: We will provide at least six months’ notice of our first implementation date, after which all new tenancies will be periodic and governed by the new rules. Specific timing will depend on when Royal Assent is secured. To avoid a two-tier rental sector, and to make sure landlords and tenants are clear on their rights, all existing tenancies will transition to the new system on a second implementation date. After this point, all tenants will be protected from Section 21 eviction. We will allow at least twelve months between the first and second dates. Again, the Bill has not been introduced to Parliament or even published in draft, so Royal Assent is a long way off.
Anyone found not guilty may apply to the judge to have his legal costs paid out of central funds; this is not automatic, but is usual if the court agrees that the charges should not have been brought. The amount payable is set out by regulations depending on where the case was heard; since October 2012 it has been set at legal aid rates, which are unlikely to cover a full defence team. Somebody who did not have a lawyer can charge for the time he himself spent on the case, but this is assessed at a standard rate similar to minimum wage, even if he happens to be an expensive lawyer. No compensation is payable for health or other problems incident on a criminal case; it is considered a part of the rule of law that charges will be brought against defendants, and that some of them will be found not guilty. It may, of course, be possible to sue the complainant for defamation or even to bring an action for malicious prosecution; a lawyer would have to advise on this, but the mere fact of acquittal is certainly not enough to found an action.
No landlord-tenant laws that I have ever seen impose an obligation on a landlord to give a point by point response to everything in an email from a tenant. However, a tenant probably has the right or obligation to provide a landlord with written notification of a problem requiring remedy. You might then be required by law to provide a specific reply within some time frame, for example "We will fix that tomorrow afternoon", or "We are not required to fix that": it would depend on the jurisdiction and the accusation. Some caution in how you respond is warranted, because your answers can be used against you in a court of law, thus you want to be sure that your response is not misleading, and that you don't accidentally promise to do something that you won't actually do. There is a concept of "adoptive admission", where silence can be used against you. A typical case is if Smith says to Jones "That was really cold-blooded, the way you murdered Thompson", and Jones does not respond to the accusation – that fact can be introduced as evidence, because there is an assumption that if Jones were really innocent, they would protest the accusation. I don't see any way for "failure to respond to everything" in this manner could constitute an adoptive admission – an "admission" means that you directly or indirectly indicate that you did a thing, which is not the same as ipso facto agreeing to something (for example, not replying to a statement "I'd like my rent reduced by $100 per month" is not an "adoptive agreement").