Defending a possession claim as a tenant

When your landlord starts court action to evict you, you have the right to respond and fight it. Many tenants challenge possession claims and win: the notice was not valid, or there are good reasons to argue against it. Here are the basics.

Key facts

• Ministry of Justice figures show landlords made 22,733 possession claims in the county courts of England and Wales in January to March 2026, with 6,888 repossessions carried out by county court bailiffs. Mortgage and landlord possession statistics, GOV.UK
• In the same quarter there were 16,848 possession orders and 10,172 warrants, each down on the same period a year earlier. Mortgage and landlord possession statistics, GOV.UK

What happens when your landlord starts a possession claim?

If you do not leave when a notice period ends, your landlord must ask the court for a possession order. You get court papers, usually a claim form (N5) and particulars of claim, telling you about the hearing.

The papers come with a deadline. You usually get 14 days to file a Defence, plus a Counterclaim if you claim disrepair. Missing it does not bar you from the hearing. But it weakens your case.

What can I defend on?

Section 21 notice challenges

Section 21 was abolished on 1 May 2026. No new Section 21 notice can be served. But a notice served before that date can still reach court. You can challenge one if:

• The notice was not in the right form
• The notice period was too short
• The landlord did not protect your deposit in an approved scheme within 30 days
• The landlord did not give you the deposit scheme's Prescribed Information
• The landlord did not give you an EPC
• The landlord did not give you a current gas safety record
• The landlord did not give you the "How to Rent" guide at the start
• The notice was served to punish you for complaining about disrepair (the retaliatory eviction protection)
• The landlord or property is unlicensed, for licensable HMOs or in selective licensing areas

Any one of these can make the notice invalid. And the landlord cannot serve a fresh one now. Any new attempt needs a Section 8 ground.

Section 8 notice challenges

You can challenge a Section 8 notice if:

• The notice was not in the right form
• The grounds are not proven, for example the arrears figure is wrong
• The landlord gave up the breach by taking rent after serving the notice
• The ground is discretionary, and you can show possession would not be reasonable

Disrepair counterclaim

Serious disrepair your landlord knew about and did not fix? You can bring a counterclaim with your defence. The money can be set against the claimed rent arrears. It can shrink them or wipe them out.

A counterclaim alone will not stop a possession order. But it can slow the case and change the money side.

What happens at the possession hearing?

At the hearing, the judge will:

• Hear from the landlord and from you
• Look at any written defence or evidence you have filed
• Decide: grant a possession order, put the case off, or throw the claim out

You can go without a solicitor. Get ready by gathering the evidence: tenancy agreement, every notice, letters and messages about disrepair, and proof of whether the deposit and prescribed-information rules were met.

Cannot attend? Write to the court and ask for another date, as early as you can.

How does disrepair affect my chances?

Disrepair does not stop a possession order on its own. But it matters for a few reasons:

• A Section 21 served after a formal repairs complaint may count as retaliatory eviction. That is not allowed where the complaint came in the six months before the notice
• Disrepair evidence can back a request to delay any order, buying time to find a new home
• A disrepair counterclaim can bring money that cancels out claimed arrears

Getting advice quickly

Court papers arrived? Contact a housing adviser or solicitor straight away. Many county courts run a duty adviser scheme on hearing day. That is an adviser at the court door who helps on the spot. Check ahead whether your court has one.

When should I contact Support for Tenants?

If your home has disrepair your landlord will not fix, call us on 0800 030 4669. We can check your disrepair claim even while a possession claim runs.

No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 1988 (legislation.gov.uk)
• Landlord and Tenant Act 1985, Section 11 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)

Related articles

• What is a Section 21 notice, is it still legal?
• Retaliatory eviction explained
• What happens at a possession hearing?