Step 5
Disrepair Counterclaim (Set-off)
Ground 1 Rent Arrears
Explanation
Set-off and Counterclaim may arise if the tenant has evidence to prove that there home he is renting from the Landlord contains aspects of disrepair, and such aspects of disrepair mean that compensation that would be paid by the Landlord can be countered against the amount of rent arrears owed by the tenant.
Explanation
Set-off and Counterclaim may arise if the tenant has evidence to prove that there home he is renting from the Landlord contains aspects of disrepair, and such aspects of disrepair mean that compensation that would be paid by the Landlord can be countered against the amount of rent arrears owed by the tenant.
All the Following Factors Must Be Met for the Disrepair Counterclaim (Set-off) to be Engaged
Use the checklist below
Possession is being claimed for rent arrears
The claim for possession is due to rent arrears, and there are not other Grounds relied upon in the claim for possession.
Possession is being claimed for rent arrears
The claim for possession is due to rent arrears, and there are not other Grounds relied upon in the claim for possession.
The property is in disrepair
An aspect of property must be in disrepair.be the landlord, and his name must be included on the Claim Form.
The property is in disrepair
An aspect of property must be in disrepair.be the landlord, and his name must be included on the Claim Form.
The landlord has been previously notified of such disrepair
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The landlord has been previously notified of such disrepair
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The disrepair is significant and any compensation could be significant and proximate to rent arrears being claimed
Any potential compensation for the disrepair should be close in amount to the amount of rent arrears being claimed.
The disrepair is significant and any compensation could be significant and proximate to rent arrears being claimed
Any potential compensation for the disrepair should be close in amount to the amount of rent arrears being claimed.
There is compelling evidence to prove the disrepair and such evidence is available at the possession hearing
Evidence must be clear, documented, time stamped, organised and well-presented.
There is compelling evidence to prove the disrepair and such evidence is available at the possession hearing
Evidence must be clear, documented, time stamped, organised and well-presented.
There is compelling evidence to prove that the tenant has complained of such disrepair to the Landlord
Evidence of such notification to the landlord must be time stamped, clear and well-presented.
There is compelling evidence to prove that the tenant has complained of such disrepair to the Landlord
Evidence of such notification to the landlord must be time stamped, clear and well-presented.
Court Requirements to Engage a Counterclaim
The Court will consider the following to determine whether there is sufficient disrepair to amount to a potential set-off (counterclaim) against the Rent Arrears.
01.
Whether there is reasonable evidence to suggest there has been disrepair.
Whether there is reasonable evidence to suggest there has been disrepair.
02.
Whether the landlord has been notified of such disrepair.
Whether the landlord has been notified of such disrepair.
03.
Whether any compensation for such a claim disrepair could be close in amount to the amount of rent arrears owed by tenant.
Whether any compensation for such a claim disrepair could be close in amount to the amount of rent arrears owed by tenant.
FAQ
FAQ
What Different Outcomes May Arise?
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The Court considers all above requirements are met and the Landlord admits the disrepair claimed
If the landlord admits the disrepair then the court will adjourn the possession proceedings and schedule a hearing to determine the costs of the compensation and make a final determination regarding the compensation for disrepair, and for the possession claim.
The Court considers all above requirements are met and the Landlord admits the disrepair claimed
The Court considers all above requirements are met and the Landlord admits the disrepair claimed
The Court considers all above requirements are met and the Landlord denies the the disrepair claimed by the tenant
The Court considers all above requirements are met and the Landlord denies the the disrepair claimed by the tenant
The Court considers that at least on of the above requirement are not met
The Court considers that at least on of the above requirement are not met
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Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.