Our Property Litigation Department has successfully obtained possession against a resistant Tenant in one of the longer running cases of this nature.
Our Landlord clients own a property in rural Cambridgeshire which was let on an Assured Shorthold Tenancy to a single occupant. A Section 8 Notice setting out rent arrears was served in 2023 and following the Tenant’s failure to vacate or pay the arrears, possession proceedings were commenced in November of that year.
The Tenant denied liability for the arrears and brought a counterclaim alleging disability discrimination and seeking damages for disrepair.
Psychiatric evidence was obtained as well as an expert opinion on the condition of the property. Following three court hearings in 2024 the matter was eventually heard in Spring 2025 in a three day trial at Cambridge County Court .
Attwells’ clients succeeded in their claim and were awarded possession, rent arrears and costs.
The Judge found for the Landlord on every point of argument and noted that the Defendant Tenant “…had taken every conceivable point to resist the possession claim”.
Attwells’ clients were given credit for continuing to try to seek access to the property to effect repairs and the Tenant was criticised for not allowing that access. In addition, there was an interesting analysis of the expert psychiatric evidence which the Judge found to be of little value. The Judge also distinguished between the psychiatric condition which the Defendant suffered and the effect of those condition on the Defendant’s behaviour.
The Judge praised Attwells for the firm’s measured and professional approach to the issues in dispute. The Judge also gave the following guidance for dealing with similar cases in the future: –
- The mere fact that a tenant has mental health conditions does not without more provide a defence for failure to pay rent. Solicitors should take great care in considering whether such a defence is made out on those grounds.
- Where a landlord can show that they have taken reasonable steps to accommodate the defendant’s needs, the court should require the tenant to provide a clear explanation of what takes the case out of the ordinary before adjourning for further directions.
It should be stressed that most residential possession claims are concluded within 3 months and that it is highly unusual for a claim to run over 18 months. However, each claim turns on its own particular set of facts and Attwells’ handling of this matter demonstrated the firm’s expertise in the field of complex Landlord and Tenant cases.
If you are a Landlord struggling to know how to respond to a Tenant’s conduct, please feel able to contact Will Oakes ([email protected]), Head of our Property Litigation Department who will be happy to assist you.
