Possession proceedings dismissed for disrepair…

… and compensation paid.

The client lives alone in a one-bedroom flat. The client was struggling to deal with her financial affairs and so she accrued rent arrears. Subsequently, possession proceedings were issued against her. There was disrepair in the property and the landlord was therefore in breach of its obligation sunder s11 of the Landlord and Tenant Act.1985. This requires the landlord to keep the property in good structural repair. Providing the benant has given notice of the disrepair they will be entitled to compensation. The amounts vary on a case by case basis but are often enough to clear any arrears and for a supplementary payment to the tennant in addition.

In the first instance the Housing Association stated that there was no disrepair in the property. The client was therefore reluctant to make a counterclaim for disrepair. However, upon our advising the client, the client decided to pursue the counterclaim for disrepair. We therefore served a detailed Defence and Counterclaim for Disrepair on the landlord.

The Housing Association obtained a Surveyor’s Report which confirmed  disrepair in the property. The Housing Association knew that they would now not win the case and therefore they agreed to settle the matter. It was agreed that the possession proceedings would be dismissed and that the Housing Association would  do the following: –

  • Carry out the repairs to the property;
  • Clear all of the client’s rent arrears;
  • Pay a lump sum in compensation to the client;
  • Pay our legal costs.

Parveen Akhtar, solicitor and Landlord and Tenant specialist did this case

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