Moss & Co gain possession despite Counter Claim for disrepair

The Landlord instructed Moss & Co just  two days before the initial possession hearing. The Landlord had initially issued possession proceedings themselves under Ground 8 in relation to rent arrears. The tenant had defended and counterclaimed for disrepair.

The Counterclaim was going to delay the grant of possession for many months as the Court would not grant possession in disputed proceedings. We advised the Landlord to start again and serve a fresh notice under s. 21 and to then issue separate accelerated proceedings.

As there was no claim for rent arrears i9n the new proceedings the tenant could not counterclaim and possession was granted

Note:  Sometimes, especially where there is a danger of counterclaim or  it is best not to claim the arrears and simply pursue possession under the accelerated procedure. Some landlords might find this hard but the loss of rent will be offset by the swift granting of possession and the re-letting of the property.

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