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Notice of Taxation issue Notice of Taxation issue

Property »Posted 1 Sep 2019 Post Answer

legal question Good Day

We would like to find out what we should do next considering the following points and outcomes

1. Rented a house and upon delivering notice to vacate with 9 months left on the two year lease we were issued by the landlord's attorney with penalty costs and cleaning costs which resulted in the complete loss of our deposit and them demanding two months rent as penalty
2. We approached the Housing Tribunal disputing these costs
3. We were given a hearing date to appear before the tribunal on a date in May
4. We have moved to a different town and province and so we had to travel back to the town we were renting in before as a result we got to the tribunalk hearing 30 minutes late and our case was already heard in our absence, we did not hear the outcome of the case
5. we spoke to the commissioners and explained that we were late due to roads on oujr way being flooded and we had to take a very long detaour to get to the hearing.
6. The commissioners agreed to postpone/recall the case to a later date which was given to us a few days later
7. We attended the new date given and our case was hear, our case took the whole day and finally the commissioners ruled on our penalties as well as their counter claim for legal costs to be paid by us
8 The commissioners ruled with positive considerations for both parties. Their ruling stated that we were to pay only Half of the penalty and ordered that some of our deposit also needs to be paid back to us
9. The lawyer then argued for his legal costs to be paid by us and the commissioners denied his arguement and stated that the Tribinal is there to resolve matters with as little costs as possible and said to the attorney that we did NOT bring the case frivolously and to9ld the lawyer that his own client is liable for his costs.
10. There was calculations done regarding our income and expenditure and they ruled that we have to pay an amount monthly over 12 months (Penalty fees for early termination)
11. This attorney has now already applied for and was granted notice of taxation (we dont know exactly what this means) but the notice of taxation indicates that the attorney will now charge us costs for the first date he appeared at the tribunal (The date we were late)
12. we also noticed that the case number on the notice of taxation is also not the correct case number that was given to us by the Housing Tribunal Clerk.


Kindly let us know what to do next, is he within his right to file for notice of taxation even though the tribinal ruled that his client must cover his costs?


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