Q&As

A tenant has filed a defence and counterclaim to a part 55 possession claim based on a section 8 notice. When does the reply to the defence and counterclaim need to be filed by—within 14 days or when the allocation questionnaire needs to be served? Can the tenant’s solicitor agree an extension? Does the answer differ where the case currently sits in fast track but due to the rental amount is likely to be allocated to multi-track?

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Produced in partnership with John Ditchburn of Lamb Chambers
Published on LexisPSL on 05/11/2018

The following Property Disputes Q&A Produced in partnership with John Ditchburn of Lamb Chambers provides comprehensive and up to date legal information covering:

  • A tenant has filed a defence and counterclaim to a part 55 possession claim based on a section 8 notice. When does the reply to the defence and counterclaim need to be filed by—within 14 days or when the allocation questionnaire needs to be served? Can the tenant’s solicitor agree an extension? Does the answer differ where the case currently sits in fast track but due to the rental amount is likely to be allocated to multi-track?

For the purposes of the Civil Procedure Rules, an additional claim is treated as if it were a claim: CPR 20.3. A counterclaim is an additional claim within the meaning of CPR 20.2(2)(a). The period for filing a defence to counterclaim is therefore usually 14 days after service of the counterclaim: CPR 15.4(1)(a). This period cannot be extended by filing an acknowledgment of service: CPR 20.4(3).

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