The tenant entered into an assured shorthold tenancy in May 2021 but claims the agreement was backdated and actual occupation began in June. Rent was paid intermittently via cash and transfer, with supporting evidence not presented at the original hearing. A friend moved in, later causing serious disruption and police involvement. The tenant ceased rent payments in May 2022, believing the landlord had informally transferred the tenancy to the disruptive occupant. A possession notice was served in December 2022, followed by proceedings in January 2023 for over £51,000 in arrears.
Counsel identified procedural missteps including late receipt of court papers, failure to serve the Defence on the claimant, and lack of supporting evidence at the hearing. The tenant’s frustration and conduct at the hearing undermined his position. Despite claims of informal tenancy transfers and police involvement, no admissible evidence was provided in time. The possession order was granted with substantial arrears and costs.
Counsel advised that appeal prospects were poor, with no clear error of law or procedure and no permission to appeal granted at the hearing. The tenant had ample opportunity to seek legal advice and comply with procedural rules. Counsel confirmed that enforcement of any counterclaim (e.g. deposit or gas safety breaches) would likely be offset against the arrears. The case was concluded, and the landlord may proceed with enforcement.
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