Equitable set-off and disrepair counterclaim: the tenant defence to Ground 8 possession (2026)
Ground 8 is the single mandatory rent arrears ground — at threshold, the judge has no discretion. But the rent that counts is the rent lawfully due, and where the landlord is in breach of repairing obligations the tenant has an equitable set-off that reduces lawfully due rent. Calculated correctly, set-off can defeat a Ground 8 claim at the notice date. Here is the plain-English walkthrough of Baygreen Properties, the connected-cross-claim test, the procedural filing order, and a templated defence and counterclaim paragraph for the N11R.
Section 8 Ground 8 (rent arrears): the tenant defence walkthrough under the RRA (2026)
A Ground 8 notice can feel like the end of the road, but it is the most defeatable mandatory ground in housing law. The threshold tightened on 1 May 2026, the arithmetic is unforgiving for landlords who get it wrong, and a tenant who pays down before the hearing changes the case entirely. Here is the walkthrough, in plain English.