Legal Question in Civil Litigation in United Kingdom
Appeal in small claims court
I lost a case recently in a small claims court. I felt intimidated by the judge as he was quite aggressive and said neither side had sent in the papers (which we both had!). I brought the case because I paid an estate agent 12 months commission up front for my tenant but she left after 4 months. There was no break clause and we argued because the agent said I had made her leave but I have overwhelmong evidence that she left of her own accord. The judge said it was irrelevant whether she left of her own accord or not because there was no break clause!! he then decided the case should be based, instead, on whether the agent should have done reference checks (which he did not and the tenant turned out to be the tenant from hell!). I lost the case because reference checking is recommended but not the law to do!. The agent`s contract stated that no money was refundable for the first 6 months even if the tenant left after one month. No money was refundable if the landlord broke the contract (I didn`t!) so should have got the latter 6 months refunded. I believe the judge made an error by not looking at the case that we were arguing and instead decidiing the case rested on whether reference checking was a legal obligationm or not
1 Answer from Attorneys
Re: Appeal in small claims court
It would certainly seem strange that judgment was given against you on what would seem a very certain claim. To advise fully however it will be necessary to consider the statement of claim, the defence and the evidence. If the judges decision was then wrong in law an appeal could be possible. Time limits apply and there is therefore urgency.
An advice on what can be done is available from the Legal-Zone website at www.legal-zone.co.uk for a charge of �15.
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