Bethany Currie successfully defends mandatory rent arrears ground possession claim

7 May 2026

Bethany defended the possession claim based on rent arrears at Sheffield County Court (pictured). Credit: Bencherlite / Creative Commons.

Garden Court North’s Bethany Currie has successfully defended a possession claim brought by a private landlord who alleged that the defendant, ‘Mr Z’, owed £7,000 in unpaid rent.

Mr Z lives at the property with his wife and daughter. His landlord brought a possession claim on Grounds 8, 10 and 11, Schedule 2 of the Housing Act 1988, alleging that Mr Z had not paid rent for ten months.

Mr Z denied owing any arrears and maintained that he had paid all rent due in cash, as was their usual arrangement.

At trial, Bethany cross-examined the Claimant on the absence of receipts and records of rent payments throughout the tenancy, the lack of evidence of any contact with Mr Z following the alleged accrual of arrears, and the Claimant’s intention to sell the property.

Following witness evidence and submissions, the District Judge found that the Claimant had not discharged the burden of proof and accordingly dismissed the possession claim. The landlord was also instructed to cover Mr Z’s legal costs.

Bethany is a member of Garden Court North’s housing and homelessness team. She was instructed to represent Mr Z by Samuel Wattret at Shelter.

For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk