A tenant has the right to defend an eviction if they do not agree with it. They can do this by completing the Defence form that is served with a copy of the eviction proceedings. It is important that a tenant seeks professional legal advice or assistance from an organisation who has experience in this field if they are ever faced with this situation.
The Defence form is the tenant’s main document setting out their reasons for why they do not agree with the eviction. It is important that everything written by the landlord is answered and reasons given in the event the tenant does not agree with it. The tenant should also set out why they believe they should be entitled to remain in the property for a longer period of time if they wish to do so.
It is important for the tenant to get across their version of events. For example, if the landlord wishes to evict the tenant because of outstanding rent arrears, the tenant should explain why they were unable to pay rent. This could have been due to being unwell or losing their job.
The tenant should also set out how they intend to rectify the issue. For example, the tenant may offer to pay outstanding arrears in instalments or in full by a certain date.
The tenant should gather as much evidence as possible in support of their response to the landlord’s eviction proceedings.
It is important to note that defending an eviction does not guarantee that a tenant will be able to remain in the property. The final decision lies with a Judge who will either decide the case on the papers or at a possession hearing.
If you would like to add your law firm to LegalQuery.co.uk, please click below for details on how you can get listed.Add Your Law Firm