Counterclaim against Landlord

Pixie5740

You are contractually obligated to pay your rent so pay it. If you want to sue your landlord for disrepair then that's a separate matter.

pmlindyloo

Since your LL is claiming rent arrears as part of his possession order then he cannot use the accelerated process. This means that a counter claim for disrepair may be accepted at the same time.

It may be that the rent arrears will be written off in lieu of compensation for you.

It may delay the possession proceedings for a short time if the judge decides that more time is needed to consider the counter claim.

In view of the involvement of Housing Standards it may be that the judge will take a dim view of your landlord failing to adhere to his repairing obligations particularly since a retaliation eviction would have been relevant if your tenancy had started a few months later.

It may be that the judge is not interested in your counter claim and you find yourself having to pay costs.

You could try ringing Shelter to see if they would help you with this or can signpost you to someone. You do not mention your financial situation so unable to say whether you would be eligible for legal aid.

Whatever the outcome the LL will eventually be granted possession so you need to concentrate on this.

Good luck in whatever you decide to do.

http://www.housingrepossessions.co.uk/do-i-have-counterclaim-against-landlord.html