We were instructed to assist Miss B with an application to suspend an eviction warrant scheduled for execution within 14 days of seeing the client. Miss B was an assured tenant of a well-known housing association. Her landlord had served a notice seeking possession of the Property in 2021 and issued a claim for possession of the Property against the Defendant in December of the same year.
A suspended possession order was made on 29 March 2022, at a hearing at which the Defendant did not attend. The Claimant applied for a warrant which was due to be executed on 24 May 2023. On 10 May 2023, the Defendant applied to stay/suspend the warrant and permission to bring a counterclaim.
At the hearing of the application, the warrant was suspended on terms and permission was given to the Defendant to bring a counterclaim.
The Counterclaim pleaded discrimination arising from disability (s.15 Equality Act 2010) (the rent arrears arose in consequence of the Defendant’s disabilities) and disrepair.
Following receipt of a Part 35 expert surveyor, instructed by our solicitor, we applied to amend the Counterclaim which was granted at a further hearing on 30 October 2023. Directions to trial were made.
A schedule of works agreed between the Claimant’s and Defendant’s surveyors was prepared, in 30 November 2023.
On 15 March 2024, the Claimant made a without prejudice offer.
Our solicitor submitted a counteroffer which was accepted and the matter was settled by way of a Tomlin Order and approved by the court. The trial was vacated.
The terms of settlement included the claimants carrying out all outstanding works within 90 days, wiping the defendant’s rent arrears which were just under £6,000 and paying our legal costs.