Tenants can defend against possession claims. Understanding potential arguments helps anticipate issues.
Common Defences (England & Wales):
- Invalid Notice: Errors in form, dates, names; incorrect notice type used.
- Improper Service: Notice not delivered correctly or proof lacking.
- Deposit Protection Failure (S21): Deposit not protected / Prescribed Info not served correctly within 30 days.
- Missing Documents (S21): Failure to provide How to Rent guide, Gas Safety Record, EPC.
- Retaliatory Eviction (S21): Notice served after tenant's legitimate complaint about property condition led to council action.
- Disputing Grounds (S8): Challenging the factual basis of the ground (e.g., disputing rent arrears amount, denying anti-social behaviour). Arguing eviction isn't 'reasonable' for discretionary grounds.
- Disrepair Counterclaim: Claiming landlord failed repair duties (can offset rent arrears).
- Equality Act / Human Rights: Arguing discrimination or disproportionate impact.
Scotland (Tribunal): Similar arguments apply regarding notice validity, service, grounds evidence, reasonableness (for discretionary grounds), and compliance issues (e.g., landlord registration, Repairing Standard).
Impact: Valid defences can delay or dismiss your claim. Ensure your process is watertight from the start.
