In April this year, we were instructed by Ms x after she received an accelerated claim form for possession from her landlord following receipt of a Section 21 Notice in December 2023. Ms x had signed her tenancy agreement with a previous landlord; however, she did not have a tenancy agreement with her current landlord, the one seeking possession.
Ms x instructed that there was disrepair at the property and that she had recently reported this to her current landlord. We assisted Ms x in the possession proceedings and helped her complete the defence form. We contacted Hounslow council’s private sector team to request they investigate the disrepair. Following a visit to Ms x’s property, a representative from Hounslow’s private sector team confirmed the disrepair and contacted Ms x’s landlord asking them to address the damage.
We submitted a defence to the court on the basis that the s21 Notice was served in retaliation to Ms x reporting the disrepair, and on the basis that the current landlord had not evidenced that he had locus standi to bring the claim in the claim for possession and particulars. Shortly thereafter, the possession claim was struck out on the basis that there were no reasonable grounds for Ms x’s landlord to bring a claim for possession as their name was not on the tenancy agreement.