Disputed advanced rent payments

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Andrew H
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Good morning
We are currently evicting a tenant who moved into a room in a shared house on the 6.2.15 and 8 weeks rent in advance of £720.00 on the 6.2.2015, his tenancy agreement states nil deposit paid.
We successfully obtained a possession order and bailiffs are due to attend on the 6.6.18.
The tenant logged an appeal to suspend eviction claiming : Racism - but didn't give any evidence of this, no gas certificate - we provided the last 4 years of certificates along with the current electrical safety inspection certificate.
He also alleged damp which there is no evidence of.
We attended court today and the judge stated that all these reasons were irrelevant as there was no evidence and it is a section 21 possession order.
He then said he should get his 8 weeks rent he first paid back despite arrears of over £2000 which he has not disputed.
The judge has now ordered us to provide evidence that the 8 weeks rent in advance was not a deposit as it could be deemed as this - despite the signed tenancy stating nil deposit.
The judge was struggling to understand the rent statement due to HB being paid in arrears, she became flustered as the defendant kept shouting at her, I feel this is why she has ordered this.
Can you please advise me of the legal matters of this.

Regards

Andrew

24/05/2018 11:19

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