Did you have experience with section 8 counterclaim?

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    Did you have experience with section 8 counterclaim?

    Another difficult landlord situation: tenants had rent arrears. We served both section 8 and 21. Just before hearing for possession on section 8 grounds, they paid enough arrears to have it squashed ( still 1 month behind) but used a lawyer to put forward a counterclaim and date for trial is expected July- September. Crazy! Section 21 still running. We believe they will use retaliation just to gain time, then another trial.
    question: if rents arrears become 2 months again, can we serve another section 8 with the certainty of a new counter claim ( same as 1st one) but hopefully not a new trial?

    Paying arrears has to be a win of sorts. What is the basis of their counterclaim? Does it have any merit?

    The retaliatory eviction legislation is very specific and the tenant has to have told you about any disrepair in writing prior to the s21 notice and the Council has to serve a category 1 or 2 notice of improvement I believe. Has that happened?


      Was counterclaim on basis of repairs tenants claim are required, please?
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


        Did the section 8 hearing take place?
        While paying enough to reduce the arrears below the threshold for ground 8 is a sensible tactic for a tenant, there should be other, albeit discretionary, grounds for the court to consider.

        As DPT57 above, the retaliatory eviction claim requires quite a specific set of steps to be followed.
        It's not enough for the tenant to simply claim that the eviction is retaliatory and persuade the judge of that.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


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