Keith Chipato acted for the successful tenant, who brought a disrepair counterclaim against their landlord in County Court possession proceedings.
In February 2023 the claimant, a landlord in South-East London, initiated legal action against the tenant seeking possession of the property and pursuing a claim for unpaid rent.
The defendant then issued a counterclaim on the basis that the property had fallen into disrepair.
The claimant applied for proceedings to be adjourned at the hearing.
Counterclaim:
Keith argued, on his client’s behalf, that:
- damages should be assessed for the disrepair of the property,
- the claimant failed to provide prescribed information in relation to the deposit and,
- the claim for rent arrears should be struck out.
The judge denied the request to adjourn the hearing and ruled in favour of the defendant’s application to strike out the claim. The judge made an order for damages against the claimant. The claimant was also ordered to carry out repair works on the property.
In addition, the judge made a costs order against the landlord.