Landlord Defence Statement Template

A landlord defence statement is a formal legal document filed with the county court in response to a claim brought by a tenant. It sets out your version of events, addresses each allegation in the claim, presents your legal arguments, and includes any counterclaim you wish to make against the tenant.

Why Filing a Defence Is Critical:

• Default judgment risk: If you don't file a defence within 14 days (or 28 days with acknowledgement), the court enters judgment against you automatically — the tenant wins without a hearing
• Your side of the story: The defence is your opportunity to present your version of events and challenge the tenant's claims
• Counterclaim opportunity: You can counterclaim for unpaid rent, property damage, or other losses in the same proceedings
• Cost management: A well-drafted defence can lead to early settlement, mediation, or the claim being dropped entirely
• Court preparation: Your defence forms the basis of your case if the matter proceeds to a hearing

Filing Deadlines:

You have 14 days from receiving the claim form to file your defence. Filing an acknowledgement of service extends this to 28 days. Missing these deadlines can result in automatic judgment against you.

Our template helps you structure a professional defence covering all necessary elements for county court proceedings.

Types of Claims You May Need to Defend:

• Deposit protection claims: Tenants claiming 1-3x deposit compensation under Housing Act 2004 for non-protection or late protection of tenancy deposits
• Disrepair claims: Claims under Landlord and Tenant Act 1985 Section 11 for failure to maintain structure, exterior, installations for water/gas/electricity, or sanitation
• Unlawful eviction claims: Claims under Protection from Eviction Act 1977 for illegal lock changes, utility disconnection, harassment, or eviction without court order
• Rent repayment orders: Tribunal applications for return of up to 12 months rent for HMO licensing breaches or other housing offences
• Personal injury claims: Claims for injury caused by property defects, mould, or hazardous conditions
• Counterclaims in possession: When tenants file counterclaims during your possession proceedings for disrepair, deposit issues, or harassment

Each claim type requires different defence strategies — our template covers the most common scenarios with structured response sections.

Complete Defence Statement Contents:

• ✔ Court details and claim reference number
• ✔ Defendant (landlord) identification details
• ✔ Response to each allegation (admit / deny / neither admit nor deny)
• ✔ Landlord's version of events
• ✔ Legal arguments and defence points
• ✔ Counterclaim section (rent arrears, damage, etc.)
• ✔ Evidence list and document references
• ✔ Mitigation arguments
• ✔ Timeline of key events
• ✔ Witness details
• ✔ Statement of truth
• ✔ Certificate of service

Structured following Civil Procedure Rules (CPR) Part 15 & Part 16 requirements for county court proceedings.

Related documents: Landlords filing defence statements typically also need Evidence Bundle Template, Witness Statement Template, and Section 8 Notice.

Don't Make These Critical Errors:

• Missing the deadline: You have 14 days (or 28 with acknowledgement) — missing this means automatic judgment against you. File an acknowledgement of service immediately to buy time.
• Ignoring the claim: Many landlords assume claims will "go away" — they don't. Default judgments are entered and enforced, including CCJs on your credit file.
• General denials: Simply saying "I deny everything" is insufficient — you must respond specifically to each allegation with admit, deny, or "neither admit nor deny."
• No evidence preparation: Your defence must be supported by evidence — gather tenancy agreements, deposit certificates, repair records, correspondence, photos, and receipts.
• Forgetting the counterclaim: If the tenant owes rent or caused damage, file your counterclaim WITH your defence — you cannot easily add it later.
• Emotional responses: Keep your defence factual and professional — emotional or aggressive language undermines your credibility with the court.
• Not addressing every point: Failing to respond to a specific allegation can be treated as an admission — address every single point in the claim.
• Missing the statement of truth: Your defence must include a signed statement of truth — without this, the court may strike out your defence entirely.

Our template addresses every allegation systematically with structured response sections and includes the required statement of truth.