If the tenant defends the possession claim

A defended possession claim is one where the tenant files a defence, usually on form N11R, or turns up at the hearing to dispute your case. If the judge thinks the claim is genuinely disputed on grounds that appear substantial, it is allocated to a track and given directions for evidence and a later hearing, which can add months. If the tenant raises disrepair, challenges your notice or the deposit, or has a solicitor, that is usually the point to bring in one of your own.

How a tenant defends a possession claim

The tenant receives form N11R, the defence form for rented homes, with your claim. They don't have to return it. Possession claims have no acknowledgment of service and no default judgment, so a tenant who files nothing can still turn up and argue their case at the possession hearing. Failing to file a defence may count against them on costs.

N11R hadn't been updated for the Renters' Rights Act as of 25 October 2026, so tenants may raise new-law points in their own words. Tenants facing possession can get free advice through the Housing Loss Prevention Advice Service, which is not means-tested. Expect more claims to be defended than before.

What happens in a defended possession claim

At the first hearing the judge either decides the claim or gives case management directions (CPR 55.8). If the claim is "genuinely disputed on grounds which appear to be substantial", it is allocated to a track. In practice that means:

1. Directions: dates for each side to file and serve documents and witness statements.
2. A later, longer hearing where the judge hears the evidence.
3. Extra time and cost. Don't plan on the Ministry of Justice median (24.6 weeks from claim to repossession for private landlords, April to June 2026). Defended cases take much longer.

Witness statements you rely on must be filed and served at least 2 days before the hearing (CPR 55.8(4)).

The defences landlords meet most often

Defence	What the tenant argues	What decides it
Defective notice	Wrong form (Form 3 instead of 3A), ground wording missing from question 4.2, an earliest date that's too early, a joint tenant not named, or the claim issued more than 12 months after service	Courts ask whether the notice is "substantially to the same effect"; missing key ground wording can be fatal. The court can't dispense with notice for Ground 8
Deposit not protected	You took a deposit but didn't protect it or give the prescribed information	The court can't make the order (except on Grounds 7A and 14) until that's put right or the deposit is returned
Arrears below the Ground 8 threshold	The tenant has paid down the arrears before the hearing	Ground 8 needs 3 months' rent (monthly) or 13 weeks' rent (weekly or fortnightly) at service and at the hearing
Universal Credit delay	Some arrears exist only because a UC housing payment hadn't arrived	Those amounts are ignored for Ground 8
Rent not lawfully due	You never gave an address in England and Wales for notices (Landlord and Tenant Act 1987, s.48), or the rent includes an unlawful increase	Rent is treated as not due until the address is given, and rent from an unlawful increase may not count
Disrepair counterclaim	The tenant claims damages for disrepair to set against the arrears	The court can consider whether the counterclaim takes the arrears below the Ground 8 threshold
Not reasonable	On Grounds 10 or 11, an order isn't reasonable given the cause of the arrears, their offers to pay or their circumstances	The judge weighs everything at the hearing date

Mandatory grounds are also subject to the exceptions in section 7 of the Housing Act 1988 and to human rights defences. If the tenant raises one, get advice from a solicitor. For the full list of notice errors, see invalid Section 8 notice mistakes.

Worked example: a disrepair counterclaim

Rent is £800 a month, so the Ground 8 threshold is £2,400. Your Form 3A was served when £2,800 was owed, and at the hearing the tenant owes £2,700. The tenant files a defence and counterclaim saying a leaking roof has gone unrepaired for months and claiming £500.

If the court considers that the counterclaim would bring the arrears down to £2,200, below £2,400 on the hearing day, Ground 8 fails. The claim can then only succeed on Ground 10 or 11, where the judge must also find an order reasonable, and the disrepair will weigh in that decision too. The judge may give directions for evidence on the repairs.

How to respond if your claim is defended

1. Read the defence carefully and list each point the tenant makes.
2. Check your notice against the Form 3A rules: form version, ground wording, dates, names and service.
3. Check your deposit. If it wasn't protected or the prescribed information wasn't given, returning it in full or with agreed deductions lifts the bar on a possession order. See deposit protection.
4. Update your rent schedule to the hearing date and check it against your bank statements.
5. Gather evidence on any counterclaim: repair requests, inspection reports, contractor invoices and photos.
6. Prepare a witness statement and file and serve it on time.
7. Consider a settlement. Parties are expected to consider alternatives to going to court. An agreed order with a payment plan or a moving-out date may get you a result sooner.

When to bring in a solicitor

Our court pack is built for straightforward claims. Use a solicitor if:

• the tenant has filed a defence with legal arguments, or has a solicitor;
• there is a disrepair counterclaim;
• the notice or the deposit is challenged;
• a human rights or other legal defence is raised;
• the tenancy is unusual, such as a company let or a mixed-use property;
• a lot of money or a sale depends on the outcome.

What to do next

If your claim hasn't been filed yet, the possession court pack prepares N5, N119 and the rent schedule from your answers, for you to check, sign and file. Getting the papers right takes away the easiest defences. If you already have an order, read possession orders. The full process is on possession claims.