Fillable Defence form (accelerated possession procedure) (assured shorthold tenancy) (Cabinet Office)

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Defence form (accelerated possession procedure) (assured shorthold tenancy) (Cabinet Office)

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N11B ENGLAND Defence form (08.20)
©Crown copyright 2020
Page 1
Defence form
(accelerated possession procedure)
(assured shorthold tenancy) where the
property is located wholly or partly in England
Name of court
Claim no.
Name of claimant (including any reference)
Name of defendant (including any reference)
To the Defendant
Please read the claim form and all papers delivered
with it before completing this form.
Some of the questions in this form refer to numbered
sections in the claim form. You will find it helpful to
have that open as you answer them.
If you cannot give exact dates, make it clear that the
dates given are approximate.
In all cases you must complete and sign the
statement of truth.
Please write clearly and in black ink. If there is not
enough room for an answer, continue on the last
page.
The Tenancy Agreement
1. Are you the tenant or one of the tenants named in the tenancy
agreement, marked ‘A’ (or ‘A1’, ‘A2’ etc), attached to the claim form
or (if more than one is attached) the most recent of those tenancy
agreements?
Yes
No
Does that tenancy agreement set out the present terms of your
tenancy?
Yes
No – say what terms have changed and what the changes are
Page 2
2. Do you agree the date, in section 6 of the claim form, when the
claimant says the tenancy began?
Yes
No, the tenancy began on
Day Month Year
3.
Do you agree with what is said in section 9a–9g of the claim form?
Yes
No – say why you disagree with any of the statements made:
The s.21 Notice
4. Did you receive the notice (a copy of which is attached to the claim
form and marked ‘B’) and, if so, when?
Yes, please give date
Day Month Year
No
Don’t know
Page 3
5. Do you agree with the rest of what is said in section 10 of the claim
form about the s.21 Notice?
Yes
No – what do you disagree with and why?
Licensed properties: Houses in Multiple Occupation
and Selective Licensing
6. Do you agree that what is said in section 11 of the claim form about
licensing of the property is correct?
Yes
No – what do you disagree with and why?
Page 4
The Tenancy Deposit
7. Do you agree that what is said in section 12 of the claim form,
about whether a deposit was paid, is correct?
Yes
No – what do you disagree with and why?
8. Do you agree that what is said in section 13 of the claim form
(about the deposit being returned) is correct?
Yes
No – what do you disagree with and why?
Page 5
9. Do you agree that what is said in section 14 of the claim form
(about receiving the prescribed information) is correct?
Yes
No – what do you disagree with and why?
Retaliatory eviction, energy performance
certificate, gas safety records and ‘How to Rent’
10. Do you agree that what is said in section 15 of the claim form
(about any complaint to the Local Authority about the condition of
the property) is correct?
Yes
No – what do you disagree with and why?
Page 6
11. Did you receive the energy performance certificate referred to in
section 16 of the claim form, (a copy of which is attached to the
claim form and marked ‘F’)?
Yes, please give date
Day Month Year
No
Don’t know
12.
Do you agree that what is said in section 17 of the claim form
(about whether there are gas fittings in or serving the property)
is correct?
Yes
No – what do you disagree with and why?
Page 7
13. Did you receive the gas safety record(s) referred to in section 17a
and section 17b of the claim form, (a copy of which is attached to
the claim form and marked ‘G’, ‘G1’, ‘G2’ etc’)?
Yes, please give the date when you received the first record
Day Month Year
Please give the date(s) when you received any further
records.
No
Don’t know
14
. Do you agree that what is said in section 17c of the claim form
(about any notice being displayed in the premises) is correct?
Yes
No – what do you disagree with and why?
15. Do you agree with the Claimant’s answer to section 18?
Yes
No
Page 8
16. Do you agree with the Claimant’s answer to section 18a?
Yes
No
Not applicable
17.
If the Claimant has completed section 18b–18d, have you received
the document ‘How to Rent’ marked ‘H’?
Yes, please give the date when you received it
Day Month Year
This document was
A paper copy
An email – (with your prior agreement)
No
Don’t know
Prohibited payments and holding deposits
18. Did you make any payment to the Landlord before entering into the
tenancy agreement other than rent or a deposit?
Yes, what was the payment for?
No
Page 9
19a. If you have answered Yes to question 18, has the money been repaid
in full?
Yes, it was repaid on
Day Month Year
No, in which case have you agreed to that money (or any part of
it which has not been repaid to you) being used for rent or a
deposit?
Yes, it was agreed on
Day Month Year
No
Other information
20. If there is some other reason, not covered above, why you say the
claimant is not entitled to recover possession of the property,
please explain it here.
Page 10
Postponement of possession
21. Are you asking the court, if it makes a possession order, to allow
you longer than 14 days to leave the property because you would
suffer exceptional hardship?
Yes, please explain why the hardship you would suffer would be
exceptional.
Say how long you wish to be allowed to remain in the
property.
I wish to stay in the property until
Day Month Year
No
Payment of costs
22. If the court orders you to give possession, do you agree that you
should be ordered to pay the claimant’s costs?
Yes
No, what do you disagree with and why?
Note – The court cannot
allow more than 42 days
after the order is made.
Page 11
23. If the court orders you to pay the claimant’s costs, do you ask it to
allow you more than 14 days to pay?
Yes, give details of your means
(continue on last page if necessary)
No
Page 12
Statement of Truth
I understand that proceedings for contempt of court may be
brought against a person who makes, or causes to be made,
a false statement in a document verified by a statement of
truth without an honest belief in its truth.
I believe that the facts stated in this defence and any
continuation sheets are true.
The Defendant(s) believe(s) that the facts stated in this
defence and any continuation sheets are true. I am authorised
by the Defendant(s) to sign this statement.
Signature
Defendant
Litigation friend (where Defendant is a child or a protected party)
Defendant’s legal representative (as defined by CPR 2.3(1))
Date
Day Month Year
Defendant’s date of birth
Day Month Year
Full name
Name of defendant’s legal representative’s firm
If signing on behalf of firm or company, give position or office held
Page 13
Defendant’s or defendant’s solicitor’s address to which documents
should be sent
Building and street
Second line of address
Town or city
County (optional)
Postcode
If applicable
Ref. no.
DX no.
Email
Phone no.
Page 14
Additional Information
Include the number of the section which is being continued or
to which the information relates.
Claim no.
If necessary, continue
on a separate sheet,
remembering to sign and
date it and heading it with
the Claim number
Signature
Date
Day Month Year
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Defence form (accelerated possession procedure) (assured shorthold tenancy) (Cabinet Office)

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Completed 27 October 2021

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