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    #31
    While there's nothing in the statute about a defence for disrepair, it is possible to submit pretty much anything as a defence, which the court should consider.
    I suspect that the court doesn't necessarily have to consider it as a case of witholding, it can view the disrepair claim as a counter claim for compensation which could be offset against the amount owed by the tenant.

    Comes under my general, "courts are weird places and should be avoided if possible" heading.
    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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      #32
      Originally posted by jpkeates View Post
      Comes under my general, "courts are weird places and should be avoided if possible" heading.
      That's easy enough to agree with.

      But on your substantive point, mine was not about circumstances where a 'proper' defence has been submitted - although a compensation counterclaim would still require some supporting evidence - but rather the situation originally described (on which we both commented previously) where judges adjourn cases for months requiring the landlord to show things that he has no need to show.

      I'd still be very interested to hear of such occurrences, other than from someone I met down the pub.

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        #33
        Just an update..... got the possession order via s8. Very straight forward

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          #34
          Good. So you should diarise the date on which you can apply for a warrant. Be aware that unless you take separate action to enforce your money judgment it will not be registered as a CCJ. You can ask the bailiff to execute against goods at the same time as carrying out any eviction, but it is unlikely that anything will actually get seized: but it can put added pressure on the tenant to have moved out before the execution, which reduces the chance of you being left with it.

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            #35
            If there courts have got the unpaid rent amount wrong and to finalize the the amount upon the daily rent rate if or till the ballifs come for the eviction. How do I go about doing this. Can I do this via the existing PCOL claim or do I have to follow another process?.

            Thanks

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