Has any Judge let Tenants on a Section 8 countersue by deciding money in advance is a DEPOSIT, that should have been protected. Even after Johnson vs Old. He appears satisfied the contract says money isn’t a deposit for any damages etc but possibly still wants to set a ‘president’ that any money taken above one month’s rent is LEGALLY A DEPOSIT
UPDATE
The tenants are almost 20k in arrears now,
accelerated it, by not having paid anything in the 4 months of the court process
In the 21st SEPT Hearing the Judge gave them 3 weeks ending 19th OCTOBER
The court replied via email today:
To date, no Defence or Counterclaim has been filed in this matter.
Can we presume the tenants time is up and we should email the Court
ASKING FOR A JUDGEMENT IN DEFAULT?
Any advice appreciated
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