Landlord's possession claim not defeated by counterclaim in damages
With the threat of a possession order looming, tenants will try any number of things in an attempt to prevent an order being granted. The Court of Appeal has, however, confirmed in the case of Chowdhury v Woodman that an alleged breach of a landlord’s covenants will not defeat a claim for possession, even though it may well give rise to a counterclaim in damages.
The landlord let a property to Mr and Mrs Chowdhury in 2009 under an assured shorthold tenancy. In July 2011, after the tenancy had expired and not been renewed, the landlord served notice requiring possession under section 21 of the Housing Act 1988.
In order to grant possession, the court must be satisfied that:
- the tenancy had come to an end
- notice under section 21 had been given…
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