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Tenant Defended Your Money Claim?Tenant Defended Your Money Claim?Start a Money ClaimStart a Money Claim
Respond with a legally validated, solicitor-grade strategy and evidence plan for a stronger hearing position.
What If the Tenant Defends?
Your tenant has filed a defence to your money claim. Here's what to expect, common defences, and how to prepare for a contested hearing.
Understanding Tenant Defences
When a tenant defends your money claim, they're telling the court they don't agree they owe you the money (or all of it). This means your case will go to a hearing where a judge decides based on the evidence both sides present.
Don't panic: Many tenants file generic defences hoping you'll drop the claim. A defence doesn't mean you'll lose - it means you'll need to prove your case at a hearing. With good evidence, most landlord claims succeed.
Full Defence
Tenant disputes the whole claim. They deny owing any of the amount claimed. Case goes to hearing for judge to decide.
Partial Defence
Tenant admits some but not all of the claim. You can get judgment for the admitted amount; the disputed part goes to hearing.
Common Tenant Defences & How to Counter
"It's fair wear and tear"
The tenant claims damage is normal use, not their fault.
Your response:
- • Provide detailed inventory from start of tenancy
- • Show before/after photos with dates
- • Get professional assessment of damage cause
- • Compare tenancy length vs. extent of damage
"I already paid"
The tenant claims they paid the rent/amount you're claiming.
Your response:
- • Provide complete rent ledger/statements
- • Show bank statements with no matching deposits
- • Ask them to prove payment with their bank records
- • Note: burden shifts to them if you show no record
"The property was in disrepair" (counterclaim)
Tenant claims you didn't maintain the property, wants compensation.
Your response:
- • Show repair request records and response times
- • Provide contractor invoices showing repairs done
- • Show correspondence about reported issues
- • Challenge if they never reported the problem
"Deposit wasn't protected" (counterclaim)
Tenant claims deposit protection failures, seeks compensation.
Your response:
- • Provide deposit protection certificate
- • Show prescribed information was served
- • If issues exist, seek legal advice - penalties can be severe
- • Note: this doesn't excuse their debt to you
"The amounts are excessive"
Tenant accepts some damage/debt but disputes the cost.
Your response:
- • Provide multiple quotes for repairs
- • Show actual invoices for work done
- • Compare to market rates in your area
- • Be prepared to negotiate on disputed amounts
What to Do When They Defend
Read the Defence Carefully
Understand exactly what they're disputing. Are they denying everything or just part? Do they have a counterclaim?
Gather Counter-Evidence
For each point in their defence, gather evidence that contradicts it. Photos, documents, receipts, witness statements.
Complete Allocation Questionnaire
The court will send Form N180. Complete it honestly, stating the small claims track is appropriate if under £10,000.
Consider Settlement
Before the hearing, consider whether a negotiated settlement makes sense. Sometimes a guaranteed smaller amount is better than an uncertain larger one.
Prepare for Hearing
Organise your evidence bundle, prepare what you'll say, and practice explaining your case clearly and concisely.
Starting a New Money Claim?
Build a strong case from the start. Our Money Claim Pack includes professionally drafted documents and guidance on evidence gathering.
Start Your Claim — £45.99Court fees from £35 extra (based on claim amount)
Frequently Asked Questions
Frequently Asked Questions
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