Defending a possession claim as a tenant

When your landlord starts court proceedings to evict you, you have the right to respond and defend yourself. Many possession claims are successfully challenged by tenants, either because the notice was invalid or because there are grounds to contest. Here are the basics of defending a possession claim.

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 after a notice period ends, your landlord must apply to the court for a possession order. You will receive court papers, usually a claim form (N5) and particulars of claim, telling you about the hearing.

When you receive court papers, you have a deadline to respond. You usually have 14 days to file a Defence (and a Counterclaim if you are claiming disrepair). Missing this deadline does not mean you cannot attend the hearing, but it weakens your position.

What can I defend on?

Section 21 notice challenges

A Section 21 notice can be challenged if:

• The notice was not in the correct form
• The notice period was too short
• The landlord did not protect your deposit in an approved scheme within 30 days of receiving it
• The landlord did not serve the Prescribed Information about the deposit scheme
• The landlord did not provide an EPC (Energy Performance Certificate)
• The landlord did not provide a current Gas Safety Record
• The landlord did not serve the "How to Rent" guide at the start of the tenancy
• The tenancy is a periodic tenancy and the Section 21 was served in retaliation for you complaining about disrepair (retaliatory eviction protection applies)
• The landlord or property is unlicensed (for licensable HMOs or in selective licensing areas)

Any one of these defects can invalidate the notice, and the landlord must start again.

Section 8 notice challenges

A Section 8 notice can be challenged if:

• The notice was not in the correct form
• The grounds relied on are not made out, for example, the rent arrears figure is wrong
• The landlord has waived the breach by accepting rent after the notice was served
• A discretionary ground is relied on and you can show it would not be reasonable to grant possession

Disrepair counterclaim

If there is significant disrepair in your home that your landlord knew about and failed to fix, you can bring a counterclaim for disrepair alongside your defence to the possession claim. In some cases, the disrepair compensation can be set off against any rent arrears the landlord is claiming, reducing or eliminating the arrears.

A counterclaim will not on its own stop a possession order from being made, but it can delay proceedings and change the financial outcome.

What happens at the possession hearing?

At the hearing, the judge will:

• Hear from the landlord and from you
• Consider any written defence or evidence you have filed
• Decide whether to grant a possession order, adjourn the case, or dismiss the claim

You can attend without a solicitor, but you should prepare by gathering your evidence, tenancy agreement, copies of all notices, any correspondence about disrepair, and evidence of compliance or non-compliance with deposit protection and prescribed information requirements.

If you cannot attend, you can write to the court asking for the case to be adjourned. Always notify the court as soon as possible.

How does disrepair affect my chances?

Disrepair does not automatically stop a possession order, but it is relevant for several reasons:

• A Section 21 served after a formal complaint about repairs may be a retaliatory eviction, which is not allowed if the complaint was made within six months before the notice
• Disrepair evidence can support a delay in any possession order to give you more time to find a new home
• A disrepair counterclaim can result in compensation that offsets any claimed arrears

Getting advice quickly

If you receive court papers, contact a housing adviser or solicitor as soon as possible. Many county courts have a duty housing adviser scheme on the day of the hearing, a housing adviser at the court door who can help you on the day. Check in advance whether this scheme is available at your court.

When should I contact Support for Tenants?

If your home has disrepair that your landlord will not fix, call us on 0800 030 4669. We can assess your disrepair claim even if you are also dealing with a possession claim.

No upfront cost. You only pay if you win, and the fee comes out of the compensation. 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?