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A Manchester-based solicitors’ firm that incorrectly prosecuted a London council over a private rental case has been ordered to pay thousands of pounds in court costs.
Antony Hodari Solicitors was representing a tenant of a private landlord who wanted to claim against her landlord for an alleged mice infestation in her property.
However the legal firm claimed that Barking and Dagenham Council was her landlord and that the tenant paid rent to the council, despite there being no rental agreement in place and the council never having received any rental money from her. The tenant paid rent to a letting agent, acting on behalf of a landlord.
The council made several requests to the solicitors asking them to clarify why they were bringing the claim against the council and said there was no basis to bring the claim against the council.
Despite this, the Manchester solicitors filed a witness statement alleging that Barking and Dagenham was the landlord, received rent from her and had made various failed attempts to repair the property.
After an initial hearing in October 2023, Antony Hodari Solicitors had to drop the charges after accepting it had prosecuted the wrong defendant. As a result, the council made a Wasted Costs Application against the legal firm because of its alleged negligence.
In response, Antony Hodari Solicitors also made a Wasted Costs Application against the Barking and Dagenham Council, alleging it was the council’s fault that it had been wrongly prosecuted.
The costs applications were heard at Romford Magistrates Court last week and the court made a costs award against the solicitors’ firm of £7,576. The court also dismissed Antony Hodari’s wasted costs application against the council.
A council spokesperson says: “This law firm was determined to take action the Council, regardless of the evidence. A prosecution should only be started if there is sufficient evidence to justify it. This was a complete waste of not just council officer time but court officer time as well as huge sums of money. It is also a wakeup call to people to be wary of no win no fee solicitors.
“We will always fight cases like this that could put our council in a bad light and look to take advantage of our residents.”
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