Defended Actions

Occasionally a tenant may file a defence against a claim for possession, or a claim will be adjourned by the court. Sometimes a tenant will turn up at the court hearing and attempt to defend the claim on the day. Common defences are counterclaims for disrepair, or denial of receiving notice.

Even when the grounds for the defence seem entirely spurious, it may be very difficult for the untrained person to argue against them in court. Remember the tenant is more than likely to be eligible for legal aid, and will almost certainly have a solicitor acting for them.

Whatever the defence put forward, our Advocate will be able to give you the best possible representation. We have a network of over 150 fully trained and regulated  court advocates our disposal, and can arrange representation at any County Court in England and Wales.

All our Court advocates are fully trained and experienced in landlord and tenant law, and will continue fighting the claim on your behalf.

Even where we have not assisted with your case before, we can still help.

Any lease is a contract, and therefore if a leaseholder breaches the terms of their lease, the landlord could take legal action against them to forfeit the lease.

Forfeiture of a lease is the ultimate sanction a landlord could pursue in such situation, and in order to gain possession of the property by forfeiting the lease it is necessary to obtain a court order.

The process is commenced, generally, by the service of a valid notice under section 146 of the Law of Property Act 1925, the Notice of Seeking Possession.

In the event that your application for possession is being defended, or you are considering forfeiture, The Eviction Group may be able to offer a fixed fee once your case has been reviewed.

Email your documents to info@evictiongroup.co.uk  for us to review and help you to decide how best to proceed.

To ask us about defended actions complete the contact form and we will answer any queries you have.