Defence/Counterclaim

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  • westminster
    replied
    Originally posted by alteano1965 View Post
    Do I need to file a separate defence for the counterclaim, or should I just send the questionaire and wait until the small claims hearing takes place?
    The counterclaim and the questionnaire are two entirely separate matters.

    You must file a defence to the counterclaim within 14 days (if you don't the tenant can apply for a default judgment against you - i.e. you'll lose).

    If the counterclaim was drafted by a solicitor, it will probably have numbered paragraphs? If so, address and deny each allegation, explaining each time why you don't accept liability, that the tenant didn't report the disrepair to you, etc*. Don't just make a general statement saying "I deny all the allegations".

    The allocation questionnaire is to provide information to the court about deciding which track the claim should be allocated to, nothing to do with your defence.

    *BTW what is the tenant actually alleging?

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  • alteano1965
    started a topic Defence/Counterclaim

    Defence/Counterclaim

    Hi
    My tenant has defended my claim for rent arrears for £2000 and has sent a Defence and a counterclaim for disrepairs, a copy of which was sent to me with the questionaire. Do I need to file a separate defence for the counterclaim, or should I just send the questionaire and wait until the small claims hearing takes place?

    Thanks for your advice

    regards

    Alteano

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