Defending Possession Proceedings - tenant seeking to prevent possession by landlord
The tenant may be able to delay possession proceedings if for example:
1. The court paperwork produced by the landlord is defective.
a) The landlord has served the tenant with a possession notice which is not correct either because the information on it is incorrect or the wrong form has been used or the notice has a ground for possession written on it and the landlord relies on a different ground at court.
However, since the Housing Act 1996 came into force courts now have a "discretion" to allow possession, even if the landlord did not serve a proper notice of possession. So this argument may not always help the tenant.
b) The landlord started court proceedings earlier than they were allowed to by law.
c) The tenant did not receive any notice of possession from the landlord before they started proceedings. Remember the court can decide to make a possession order even if the landlord did not serve the tenant with a notice beforehand. The tenant may still however be able to argue that it would be unfair for him to be evicted without notice.
2. Where the landlord is seeking arrears of rent the tenant may be able to avoid paying some or all of this if the landlord owes the tenant money. For example, the tenant has overpaid the rent previously and not received a refund. The tenant can counter-sue the landlord, (this is called a Counterclaim). If the tenant wins their claim will be "set-off" against what they owe the landlord. This will not however save the tenant from a possession order.
3. The landlord has not proved the ground they are relying on.
4. A condition has not been satisfied. For example, the landlord has not shown it is reasonable for the court to make a possession order in the case of grounds 9-17.
- Private Housing
- Assured Shorthold - Definition
- Assured Shorthold - Possession
- Accelerated Possession Procedure
- Warrants of Execution
- Defending Possession Proceedings
- Tenancies before 15th January 1989
- Housing Benefit Tenants
- Property Disrepair
- Mortgages and Repossession
- Alternatives to a Possession Order
- Property Foreclosure
- Housing Loans (other than mortgages)
- Raising money for mortgage arrears
- Tenants of Mortgaged Homes
- Consenting to a charge on your property under pressure
- Bankruptcy & your home
- Human Rights Act 1998 & your home
- Links & Addresses