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Section 8 via PCOL no defence filed, no subsequent counterclaim to court order

Started by Mulder, May 01, 2024, 07:51:20 PM

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Mulder

Hello, I used PCOL to file a claim for posession,  using section 8 and together with money claim for 8k arrears

Tenant did not file defence but on the hearing day turned up and said he had a defence. (his defence was the bedroom cupboard was in a poor state but in truth he wanted a bigger and better fitted wardrobe so he took out what was there and withheld rent for a few months to recoup his money and he falsely claims i had agreed to this!) and also said there was some damp in the bathroom (because he never opens the window).

Judge ordered a defence and counterclaim to be filed within 28 days. That has now passed. But no defence has been filed.

The Judge had also ordered me to subsequently file a response to the counterlaim within a further 28 days. Hearing sometime late June.



Tenant has emailed me and said he intends to file a defence but wants me to give him more time. I have ignored his email.



Given no defence has been filed, can I ask for Judgement at the local court. If so, would I use form N0205A or N225 and  just take this to the local court?

He has had two months now to file a claim. I just want him out and the property back.