What defences can a tenant raise to a possession claim?

Common defences include an unprotected or late-protected deposit, missing prescribed documents, an invalid notice, disrepair counterclaims and disputes about whether the ground is made out.

3 min read · Updated 2 August 2026

Overview

Common defences include an unprotected or late-protected deposit, missing prescribed documents, an invalid notice, disrepair counterclaims and disputes about whether the ground is made out. Most are procedural and preventable.

Practical guidance

  • Audit the tenancy file before you serve, not after you are challenged.
  • Deal with outstanding repair reports promptly and record what you did.
  • Where a mistake has been made, fix it and re-serve rather than pressing on.

Related content

General information for UK landlords and letting agents, not legal advice. Rules differ across England, Wales, Scotland and Northern Ireland — check your local requirements or take advice before acting.