CHAC prevents eviction of tenant with £10k rent arrears
CHAC Case study
Paula’s story
Paula had accrued more than £10,000 in rent arrears and was on the brink of eviction after her landlord applied to court for a possession order. She came to CHAC with less than 14 days to file a defence.
Paula’s landlord had made an application to the court in Canterbury following the expiry of a section 21 notice.
How CHAC helped
We helped Paula prepare a defence based on the following facts:
Paula claimed not to have received the section 21 notice and, when attempting to serve a section 21 notice, the landlord had failed to use the prescribed form or a form which was substantially similar
The prescribed information had been given before the tenancy was completed and not, as required by law, within 30 days of the deposit being received ie after the tenancy was completed
The energy performance certificate (EPC) was out of date and the How to Rent booklet was also out of date.
Discussions with the landlord’s solicitors were held against the backdrop of knowing that, at any time, the landlord could have served a new notice (a section 8 notice) based on the rent arrears. There would have been no defence to a section 8 notice and the landlord would have obtained a possession order.
The outcome
A timetable for repayment of the arrears was agreed two days before the court hearing, preventing Paula’s eviction and enabling her to remain in her home.
It was agreed that repayments would be made over nine months, with no requirement for Paula to pay interest on the arrears.
We prepared a consent order which was agreed by the landlord’s solicitors, lodged with the court, and agreed by the court in advance of the court hearing. This order included an agreement that Paula would not have to pay the £355 court fee or the landlord’s solicitors costs.