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Question Title: Defences
| Question: 198 |
| Are there any defences to claims for statutory damages under sections 27 & 28 Housing Act 1988?
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| Answer: |
| There are two defences. Section 27(8) Housing Act 1988 provides that a landlord must believe and have reasonable cause to believe that the occupier has ceased to reside in the premises, or that he had reasonable grounds for withdrawing or withholding services. Section 27(6) provides that the landlord may offer to re-instate the tenant in the premises from which he has been evicted before the hearing is concluded. If the offer is made before the proceedings are started and the tenant unreasonably refuses, then damages may be reduced. However, an offer of re-instatement made after summons, even if it is unreasonably refused, does not allow the court to reduce damages. The best defence is to ensure that the issue does not arise in the first place.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 13 |
letting-handbook-and-factsheets.html
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For more information, discuss on the Forum
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