CHAC helps tenant facing eviction make counterclaim in court
CHAC Case study
Bernard’s story
CHAC has helped a tenant make a counterclaim in court after his landlord began the process of evicting him based on rent arrears.
Bernard is an assured shorthold tenant living in private rented accommodation. His landlord claims he owes £5,875 in unpaid rent and has initiated possession proceedings. When CHAC spoke to Bernard, it became clear that a large part of the arrears is due to a disputed increase in rent – Bernard denies the landlord’s claim that a rent increase was agreed. It also became clear when talking to Bernard that there were issues of disrepair with the property. If a landlord brings possession proceedings based on rent arrears, it is possible to counterclaim for damages due to disrepair. We advised Bernard that a successful counterclaim might help reduce or eliminate his rent debt.
How CHAC helped
Bernard, who is in receipt of pension credit, is eligible for legal aid so we referred him to a firm of solicitors willing to represent him. As his solicitor was unable to attend the initial court hearing in April, CHAC accompanied Bernard and made a request to the Judge for directions to be given for the handling of his case. This request was not supported by the landlord’s solicitor who was seeking to secure Bernard’s eviction at the hearing. However, as Bernard had made a counterclaim for disrepair, an attempt was made to quantify the monetary value of his claim. In the end, it proved impossible to accurately assess how much of Bernard’s rent arrears could be reduced due to the issues of disrepair in his flat, so the Judge agreed to give directions (which the landlord’s solicitor tried to shorten as much as possible).
In his directions, the Judge allocated Bernard’s claim to the fast track. He provided a detailed timetable outlining the responsibilities of both parties and the deadlines to be met and set a date for listing the trial for one full day on the first open date after 16 September 2024.
The outcome
With legal aid funding now secured, Bernard’s solicitor will be able to represent him at the next hearing without Bernard having to worry about meeting any legal costs. Additionally, as the hearing will be held after the 16 September, this gives Bernard time to find alternative accommodation. Acting on Bernard’s behalf, CHAC has already completed a homelessness application to Canterbury City Council and has helped him apply to Kent Homechoice for social housing from either the Council or a local housing association. Lastly, given the likelihood of incurring considerable legal costs in the case, it is possible the landlord may choose not to pursue further proceedings.