Tenants Defences Delaying Tactics

Many tenants know, that unless the Landlord obtains a court order - they can stay until there is a court hearing. All a Tenant has to do to delay eviction is complete the Tenant Defence form and the eviction process is delayed Tenant Defence form. [Our guides show you how to block the Tenant making such claims.] 
 
A tenant will be given the opportunity to explain their side of the case. Sometimes the tenant will be asked to take a sworn oath before speaking in court. Should their defence be in writing sign a statement of truth.
Where the landlord has presented the facts in a structured manner, one would hope the tenant realises the game is up and that the landlord is equipped with their evidence to refute claims.

Sadly, the tenant may know the game is up but may be equipped with the knowledge that they can drag this out and delay eviction for a few more months. We term some 'professional tenants’ who know how to live rent free [we deal with many members who cannot believe the extremes some tenants have gone to, turning up to court in a wheel chair, saying relative have died and more) One cannot prepare for all potential outcomes, but at least you should be aware of the types of objections which are quite common.

Below in the Members's area we cover

  • I never received the Notice 8 or Section 21
  • Invalid notice. -  Invalid Notice failing to comply with civil procedure rules
  • Failing to comply with Court Process
  • Disputing Amount of rent arrears.
  • Withholding money due to repairs.
  • Counter Claim - The property in disrepair. Suing for injury, harassment or unlawful eviction.
  • Landlord suffering no hardship.
  • Failure to comply with Deposit Laws
  • Ill health, cannot attend court.
  • Claim of hardship.  
  • Vexatious argument. Legal Technicality.
  • Failure to comply with HMO and selective licensing rules

 

I never received the Notice 8 or Section 21

 

 Part of the legal process [Civil procedure 55] demands a Notice is served otherwise the application for possession is denied. The Landlord must prove service.

 

 Always ask the tenant to sign, in the absence of this, served Notice with a Witness on the premises.

 
Invalid notice.

 

 Notices must follow a definitive set of rules and include prescribed text. If a Notice is invalid a case can be thrown out – But if in doubt check your notice or call the members helpline.

 

 There is no defence. The Notice must be reliable and complete. Usually expiry date, wrong type of notice, not quoting grounds correctly but could be a multitude of reasons –If found invalid the claim will be dismissed.

 
Disputing Amount of rent arrears.

 

 Creates potential delay for adjournment.

 

 It is the tenant's responsibility to demonstrate they have fulfilled their obligations to pay. The landlord should have rent statementsand bank statements at hand. So the Judge can make a decision based on evidence not "hearsay". Where cash is received a receiptmust be issued and signed by both parties so practice is established.
 
Withholding money due to repairs.

The Tenant may lawfully withhold money. Irrespective of whether rent is received, the property must be fit for purpose see HHRSRS. The tenant seeks a longer court hearing known as a multi track case.

This may result in a complex multi track case. The landlord should have inventories and copies of inspections. They should also diarise all attempt to complete works.

The deposit was not protected.

If so, the Section 21 is deemed invalid. Where used against a Section 8 claim, the tenant's claims compensation to offset rent arrears.

Section 21- If true the claim will be dismissed and  a possible fine could follow. Section 8- possibility of a multi track case to offset claim for arrears.  

Landlord suffering no hardship.

The rent is being paid directly to the landlord by the Benefits and the tenant will pay arrears by instalment.

Only applicable Section 8 route. Likely to result in the possession order being suspended

The property in disrepair. Suing for injury, harassment or unlawful eviction.

Wish to sue the landlord for compensation to offset the arrears.

Only applicable Section 8 route . Tenant seeks a multi track case, delays eviction and possibility of compensation from the landlord

PCOL claim. Invalid Notice failing to comply with civil Justice procedure rule 55  section 4a of section 8 being left blank.

Invalidates the application for a court hearing.  

Case dismissed must apply again.

Ill health, cannot attend court.

Case adjourned

Delays new hearing date by 2 – 6 weeks.

Claim of hardship.  

Making us homeless will create hardship and inconvenience for our children and their education. We require a longer Notice period [this is 42 days].

Judge may ignore or decide to suspend possession, provided they are satisfied the tenants are trying to move forward in a progressive manner.

Creates Hardship.

Answer – Politely state the tenants have known since X that you are applying for possession and have had plenty of time to move. If the tenants owe you money and are not making any effort to pay -inform the Judge the rent arrears are causing you financial hardship. If you are receiving rent then the likelihood is the Judge will grant them 42 days and you should accept this.

I have paid the landlord cash and the rent arrears as stated are not so.

Answer pre court the tenant should have already disputed such amounts. It is at that stage you should ask them for copies of payment. If you feel this, is a potential defence, have your bank statements at hand and any copies of cheques or failed payments.

I do not owe the landlord money for the landlord owes me money for they failed to protect my deposit and or provide me with the prescribed information about my deposit.

Answer – You should have copies of the certificate, prescribed information and this is why the tenant should have signed them.

Vexatious argument. Legal Technicality. You spelt the name wrong on the application or a similar minor error that still invalidates a claim for possession.

Housing Benefit payment query. The council have promised to pay the landlord direct. – The judge adjourns to allow time to clarify this.

Ill health cannot attend court – Is powerful they simply obtain a doctors’ note. If you use a solicitor you will still have to pay their fees. – This is why you should call the court the morning of the hearing to confirm case is still scheduled 


The judge has the power to make a suspended possession order, this allows the tenant the opportunity to stay in the property provided they comply with conditions, such as clear rent arrears at an agreed rate or remedy a breach. Suspended orders occur in over 30% of claims for possession using the Section 8 process.

Sending arrears letters and having a history of events, is beneficial to demonstrate to the Judge that the tenant has previously failed to fulfill promises and are unlikely NOT to adhere to conditions of a suspended order.

I.e. tenant text, email, phoned me on this date to say paying and failed. The judge is more likely to be sympathetic to your needs if he feels the tenant has a history of broken promises. 

They dispute owing you money, your response is I wrote to you on X, Y, Z. If the judge believes the tenant they may suspend the hearing. This is why you have copies of statement of account showing you repeatedly informed the tenant of the statement of the rent arrears. Ideally tenants paying by standing order or direct into your account, shows pattern of payments and then the history of payment being stopped.

The tenant denies being informed of where the deposit is held, this is why you have the tenant sign your copy of the deposit protection certificate. This action alone could invalidate a claim using the Section 21 process and expose you to a fine three times the original deposit.

Rent was withheld due to the property being in disrepair (issue only for rent arrears not Section 21) and the landlord repeatedly failing to repair.  See repair section.

Failing to provide the tenant with an address to contact you, this means the rent was never lawfully, see Section 48. This is usually provided within the Tenancy agreement. Your address must be in England or Wales.

Failing to provide a contact address. Section 47-all rent reminders must carry an address in England or Wales to be a lawful demand for rent. Otherwise such reminders are not lawful.

Failure to comply with HMO and selective licensing rules would mean the rent was never lawfully due. In addition, an application under the Section 21 could be denied, as the landlord was not in possession of a licence when the Section 21 was issued.