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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?
Did you pay the rent after the hearing or before?
I see, so when they were offset, it brought the arrears to at least two months?
Did the Claimant rely on any more Grounds? It is likely that the Court have possession on this basis.
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.
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.
The Order is correct.
I see your point but the Court's application is correct.
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.
I see. Yes you should provided there are no costs or interest due which I can see is not the case.
In that regard, I see no reason as to why the additional payment made to the 6 February should not be refunded.
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