Sec 8 hearing

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    Sec 8 hearing

    A landlord took a tenant to court on a Sec 8 possession hearing today.

    The grounds were 8, 10 + 11

    The landlord filled the claim online.

    The tenant appeared with a defence that was only submitted at the hearing.
    In it, the tenant didn't dispute the rent owing.
    The tenant has used "Disrepairs" as his counterclaim, and is:

    "Seeking to set off against liability for rent arrears as may be found to exist such sum as they are awarded by reason of the counterclaim in the proceedings".

    They have made a list of repairs that they say need doing.
    Is this a valid defence? If the alleged repairs are done, it will not make any difference to the amount owed. They haven't listed any subsequent damages that they are claiming.

    The Judge postponed the hearing for 3 weeks, and asked the landlord to provide "Evidence".
    His claim is for rent arrears, and has provided a rent statement that the tenant has not disputed.
    The Judge said that the landlord did not provide a tenancy agreement with his claim. The Landlord said that he did not see it mentioned when he filled the claim out.

    A bit of mystery to me, any thoughts that anyone can pass on that may be of help?

    Thanks
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    #2
    Originally posted by thesaint View Post
    They have made a list of repairs that they say need doing.
    Is this a valid defence? If the alleged repairs are done, it will not make any difference to the amount owed. They haven't listed any subsequent damages that they are claiming.
    This is a standard defence used as a delaying tactic. The tenant will say that they did not pay their rent because they were trying to make the landlord carry out the repairs.

    The landlord will have to prove to the court that there are no repairs needed.

    Comment


      #3
      Originally posted by Mrs Mug View Post
      This is a standard defence used as a delaying tactic. The tenant will say that they did not pay their rent because they were trying to make the landlord carry out the repairs.

      The landlord will have to prove to the court that there are no repairs needed.
      Thanks for the reply.

      Even if there are repairs needed, I don't understand what difference it makes.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #4
        Originally posted by thesaint View Post
        Even if there are repairs needed, I don't understand what difference it makes.
        Because some landlords rather than carrying out repairs requested by a tenant, would rather serve the tenant with a possession order than carry out the repairs.

        Comment


          #5
          Originally posted by Mrs Mug View Post
          Because some landlords rather than carrying out repairs requested by a tenant, would rather serve the tenant with a possession order than carry out the repairs.
          I understand, but lets's say the tenant gets their wish, and their non reported repairs get done, why would that invalidate a possession order?

          Let me put it another way.
          If a landlord was taken to court for not doing his obligated repairs, would non payment of rent from the tenant be a valid defence?
          Allow tenants to protect their own deposits. I want free money when they do it wrong

          Comment


            #6
            Originally posted by thesaint View Post
            If a landlord was taken to court for not doing his obligated repairs, would non payment of rent from the tenant be a valid defence?
            The answer to that is above my pay grade.

            One of our more knowledgeable members will have to answer that.

            Comment


              #7
              Originally posted by thesaint View Post
              If a landlord was taken to court for not doing his obligated repairs, would non payment of rent from the tenant be a valid defence?
              A landlord is only obliged to carry out repairs when made aware of them (Defective Premises Act 1972) so you might want to put this to the court if you didn't know about them.
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment


                #8
                would the onus then be on the tenant to prove he did tell the LL? If he says "I rang him" how do you disprove this? My tenant once went straight to Env Health at the council about a problem they had not told us about cos they were upset that I "stopped" their HB (ie holiday / widescreen TV fund) by getting it paid directly to me. Not as serious a situation as yours but same problem - it is hard to prove you have not been told something! Once he met the tenants, however, the Env Health officer believed me!
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                  #9
                  I have now had a chance to see the defence papers that the tenant submitted.

                  The tenant claims that they have "called to many times to particularise", a
                  defective floorboard, that one of the tenants has apparently stepped on and twisted their knee which resulted in a Dr's visit two days later, and a prescription of painkillers.

                  Coincidentally, this was just after they refused to come in and write up a payment plan for their arrears.

                  They have said they will provide a "Schedule of loss"(Compo claim) in due course.

                  Originally posted by Paul_f View Post
                  A landlord is only obliged to carry out repairs when made aware of them (Defective Premises Act 1972) so you might want to put this to the court if you didn't know about them.
                  Yes, that is understood, but the landlord is a bit peeved that he can be delayed due to non reported repairs that the tenant admits that they have not written down and passed on.

                  Originally posted by islandgirl View Post
                  would the onus then be on the tenant to prove he did tell the LL? If he says "I rang him" how do you disprove this?
                  Common sense tells me yes.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment

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