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LegalNinja
LegalNinja, Solicitor
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Experience:  Solicitor
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Eviction notice under section 8 arrears of rent. Had

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Eviction notice under section 8 arrears of rent. Had counterclaim. Judge said that even though counterclaim he was obliged to evict as arrears was more that 2 months. Gave 14 day eviction. However then accepted counter claim in full and refused costs and interest to landlord. When the counterclaim was offset against the rent this meant that rent was paid up until 6th Feb 2020, however order states eviction on 22nd Jan, Is this right.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: England
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not really

Hello,

The fact that your counterclaim was offset against the arrears does not mean that you can argue that the rent was paid until 6 Feb 2020.

As Ground 8 regarding rent arrears says:

"Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing..."

At the date of the hearing you were in rent arrears and the Court therefore ordered possession in accordance with the Act.

Does that clarify?

Customer: replied 6 months ago.
No. I accept that the Judge ordered possesion buy by accepting the counter claim and offsetting it again the arrears which the judge did. We we have paid rent until 6th Feb. The Judge acknowledges this in his order by stating that we should pay " £41.10 per day from 06 February 2020, until possession of the property is given to the claimant"

Did you pay the rent after the hearing or before?

Customer: replied 6 months ago.
The arrears of the rent were offset against the counter claim which was not defended.

I see, so when they were offset, it brought the arrears to at least two months?

Customer: replied 6 months ago.
Just to be clear it is not eviction date but possesion date. WIll answer previous question now
Customer: replied 6 months ago.
When they were offset the arrears we zero.

I understand.

Did the Claimant rely on any more Grounds? It is likely that the Court have possession on this basis.

Customer: replied 6 months ago.
The order states "This order has been made on mandatory grounds"

Yes, that means that the Claimant relied on more than one. Not just the rent arrears point. This would have been listed in your Notice.

Customer: replied 6 months ago.
We attended the hearing. The order was purely given on mandatory grounds of arrears of rent.

At the date of the Hearing the arrears were at least two month's therefore the Court was entitled to order possession on this basis.

It's not after the off-setting.

Customer: replied 6 months ago.
The grounds were section 8 rent arrears only.

The Order is correct.

I see your point but the Court's application is correct.

Customer: replied 6 months ago.
I accept that and we do not have a problem with returning the property. However should we still have paid the rent to 6th Feb.

Yes, because the Court must allow a reasonable period for you to give up possession. You would therefore still be liable for the rent.

This is only up until the time that you give up possession.

Customer: replied 6 months ago.
But that isnt the case. WE have now paid rent by offset until 6th February but will vacate proprrty on 22nd January
Customer: replied 6 months ago.
Shouldnt we be due a refund on the rent from date of vacation until 6th Feb

I see. Yes you should provided there are no costs or interest due which I can see is not the case.

Customer: replied 6 months ago.
The order states "There be no order as to costs." and no mention of interest. There solicitor requested interest and costs but the Judge he said he was not minded to pay interest or costs as the counterclaim had been successful.

In that regard, I see no reason as to why the additional payment made to the 6 February should not be refunded.

Does that clarify?

Customer: replied 6 months ago.
Thank you.

It's a pleasure.

I would be grateful for a 5 star rating at the top of your screen for my time. It is important to leave a rating as is how Experts are are credited for their time.

All the best.

-LN

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