Housing Disrepair Counterclaims in Eviction Proceedings

Landlord Duties and Risks in Disrepair Counterclaims

Landlords have statutory and contractual obligations to keep rental properties in good repair. In eviction proceedings, failure to meet these duties can expose landlords to:

• Set-off claims – where rent arrears are reduced by compensation for disrepair.
• Damages awards – for inconvenience, health impacts, or loss of amenity.
• Adjournment or dismissal of possession proceedings – where disrepair is serious and unresolved.
• Additional costs – including expert surveyor fees and legal expenses.

Tenant Rights in Raising a Counterclaim

Tenants facing eviction may:

• Allege disrepair as a defence to rent arrears, arguing that the landlord breached repair obligations.
• Request inspection and expert evidence to support their case.
• Seek compensation for damp, mould, leaks, structural defects, or health issues caused by poor housing conditions.
• Delay possession proceedings until the disrepair claim is heard and determined.
• Apply to set off damages against arrears, reducing the landlord's entitlement.

Tenant Obligations in Disrepair Cases

Although tenants may raise disrepair counterclaims, they also carry responsibilities:

• Reporting defects promptly to the landlord or agent.
• Allowing reasonable access for repairs to be carried out.
• Maintaining the property in a tenant-like manner.
• Providing evidence (e.g. photographs, medical records, expert reports) when asserting a counterclaim.

Conclusion

In eviction proceedings, housing disrepair counterclaims can drastically change outcomes. Landlords risk delays, cost awards, and reduced arrears if repair duties have not been met, while tenants may gain compensation or extended time in the property.

Both parties should seek early legal advice, supported by expert surveyors and solicitors, to protect their position.