Tenant defences

• Posted by tenancy solved July 20, 2018 - #Defences  - 26 views

   

  

  The following are the most common defences that can be used by tenants against claims for rent arrears possession:

  • If the property is suffering from some sort of disrepair then the tenant can file a counterclaim that can be offset against the rent arears claim.
  • If the tenancy deposit scheme rules have not been complied with the tenant can file a counterclaim for the penalty to be offset against the rent arrears.
  • If the rent arrears schedule does not contain a full record of payments made by the tenant for which he or she has proof of paying.
  • The court my adjourn proceedings to give the tenant extra time to resolve ay housing benefit problems.
  • If the claim for possession is following service of a Section 21 Notice the following defences can be raised:

  The Section 21 Notice is invalid.

  • The tenancy deposit has not been protected in one of the prescribed deposit schemes and/or has not provided the tenant with the relevant information in line with the tenancy deposit rules.
  • The tenant’s property is part of an unlicensed House of Multiple Occupation.
  

  by: tenancy solved uploaded July 20, 2018