Summary

Greenhalgh Kerr were successful in seeking Judgment together with legal costs and interest following a disputed Part 55 claim seeking repossession of a property together with rental arrears that had been accruing for over six months, in favour of one of its large accommodation provider clients.

Overview

Greenhalgh Kerr were initially instructed in July 2021 by an accommodation provider in order to assist with the repossession of its property together with seeking rental arrears that had accrued to an amount of over £15,000.00 following a material breach of an Assured Shorthold Tenancy Agreement.

Following the service of a Section 8 Notice and the tenant’s refusal to vacate the property Greenhalgh Kerr advised its client to issue a possession claim. The matter was issued at Court and an upon receipt of the Notice of Hearing the Defendant filed a response to the claim disputing the amounts due, amongst a number of other issues. For example, the tenant stated that the Assured Shorthold Tenancy should not have been accepted as it was unaffordable based on the tenant’s finances from the outset of the Agreement. All arguments raised were rebutted vehemently.

Greenhalgh Kerr advised the client to proceed with its claim for possession. The tenant subsequently vacated the property prior to the hearing following notice of the same claiming that the matter no longer needed to be heard at Court. The client was advised to proceed on the basis that it has an entitlement under the Assured Shorthold Tenancy Agreement to the rent due together with interest and legal costs.

The matter proceeded to a hearing and upon hearing both parties the Judge agreed with Greenhalgh Kerr’s persuasive submissions on behalf of its client that the tenant was not afforded credit in entering into a Tenancy Agreement and the relevant and necessary checks had been carried out. The Tenant was ordered to pay the rental arrears within seven days together with interest and associated legal costs. The Claimant was awarded Judgment in its favour in the total sum of £20,624.39.

Greenhalgh Kerr’s experience of handling spurious disputes following defaulted Assured Shorthold Tenancy Agreements encouraged its client to proceed to the hearing for Judgment despite regaining already possession of the property prior to the matter being heard.

Michaela Davies