Defending Possession Claims

Tenants are eligible to defend the possession claim made against them by the landlord by filing their defence to the claim.
The grounds available to challenge the claim include the non-protection of deposit by the landlord, counterclaims demanding reduction in rent arrears and the challenge to the reasonableness of the possession claim.

Landlord’s Entitlement To Possession

Whether or not the landlord is entitled to possession depends on the ground that the landlord is using to evict the tenant. The notice must confirm with the required period and it can be defective if the landlord had failed to follow the correct procedures which will provide grounds to the tenant to challenge the eviction process initiated by the landlord to the property back from the tenant.
There are two types of notices that the landlords most commonly use when seeking possession of their property back from tenants:
Notice under Section 21: This notice is most suitable when the fixed term of a tenancy had ended or it can be used during a periodic tenancy. The eviction under this Section is a “no-fault” eviction, meaning the landlord does not have to provide a specific reason to claim possession back of his property.

Notice under Section 8: A Section 8 notice has to be supported by a valid ground such as non-payment of agreed rent, breach of certain conditions of the tenancy agreement, or tenants displaying anti-social behaviour.
It is imperative that the legal advice is sought at the outset both by the landlords before issuing the notice and by the tenants when aiming to challenge the eviction process. A minor mistake is sufficient to render the notice invalid, therefore the legal advice at the outset will assist assessing the claim before approaching the court of law.
Our experienced team of solicitors will assist you in each and every step of this process and to understand you rights and obligations whether you are a landlord seeking possession or a tenant seeking to explore your grounds to challenge the possession claim made by the landlord.

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