Preventing a disrepair defence to a section 8 - is it possible?
I am in the last stages of preparing my Section 8 Claim form and Particulars of Claim to be submitted to Court on Monday.
I want to try to prevent a spurious disrepair defence if I can.
Section 8 was served on grounds 8, 10 and 11.
I am now adding ground 12, Breach of tenancy contract, as tenants are refusing access for maintenance of property.
The list below is the sort of thing I was thinking of submitting with my Particulars of claim, in the hope this will dissuade tenants and / or legal advisers from attempting a disrepair claim.
I would appreciate any views and comments, as I donít know if this will even work, whether itís worth presenting, or how best to present it.
04 July I email asking tenants for convenient dates for access for maintenance
11 July Tenant emails suggesting that they do the work in lieu of back rent
22 July I email saying I do not want hem to do the maintenance
22 August Tenant email saying maintenance required.
Two hours later on 22 August Section 8 notice served - (unfortunate timing, but genuine coincidence as Section 8 has been threatened for weeks)
23 August I book contractors in for maintenance on 29 August (in email)
27 August tenants refuse access for contractors (in email)
02 September I email for access for maintenance after section 8 expires
Tenants continue to refuse access for maintenance
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