Can I Defend Possession claim?

Can I defend possession proceedings?

You can defend possession proceedings if for example:

• The wrong notice has been served
• The notice period has been calculated incorrectly
• The information provided by the landlord is not correct
• The landlord has used the wrong court form
• The landlord did not give the tenant the prescribed documents
• The landlord has discriminated against the tenant
• The deposit was not put into a tenancy deposit scheme
• The Landlord has failed to carry out repairs to the property
• The wrong rent arrears have been calculated
• There are no grounds for possession provided within the notice
• You have a legal right to stay in the property
• Lack of evidence in support of possession claim

Why defend possession proceedings?

You may wish to defend possession proceedings because:

• You have not breached the tenancy agreement as alleged
• You have a right to occupy the property under Matrimonial Law
• You have a legal right to occupy the property
• You have no alternative accommodation to rent
• The Landlord has breached the Tenancy Agreement by failing to carry out repairs

Remember: your Landlord has a duty to keep the property in repair. As such, if your property is suffering from Housing Disrepair (Insert link to go to our HDR page), you may have grounds to defend any possession proceedings.