Defences
The following defences are available to any landlord who has had a claim for damages brought against them by a tenant.
- The landlord proves or had reasonable cause to believe that the tenant no longer occupies the property.
- It is reasonable for the tenant to return to the property after the landlord has offered reinstatement.
- If reinstatement of the tenant is offered prior to the tenant issuing a claim in the county court and the tenant unreasonably refuses, then any damages that may have been offered will be reduced.
- The tenancy has been surrendered by the tenant by for example handing back the keys or handing in a notice and he landlord has accepted the offer to end settle the tenancy.
- A third party is now renting the property.
Damages will be reduced in the following circumstances:
- The adverse conduct of the tenant as the previous occupier.
- If reinstatement has been offered (prior to commencement of legal proceedings) and it would have been (or would be) unreasonable for the tenant to refuse to accept the offer.
