Right to Set Off Repairs From Rent Arrears Claim
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If it is not necessary to obtain possession, a landlord may wish to make a claim under the terms of the tenancy agreement for debt using the small claims procedure of the County Court. The amount awarded by the court will be determined at the trial date. If a claim is being made for interest on arrears, this must be stated on the claim form because interest will not automatically be added to the debt. If the sum is cleared and further arrears arise, it will be necessary to submit an additional claim.
In addition to any repair responsibilities explicitly set out in the tenancy agreement, common law and statute will imply terms to the agreement between landlord and tenant.