Tenant Shield

Home
Get Support

Legal Guides

Possession Proceedings

Ground 1 (Rent Arrears)

Please follow all the Steps Below

Explanation of Ground

a) The Ground can be claimed under if any amount of rent has not been paid by the tenant.

b) There must be rent due at both the date of the notice and the date of the hearing

c) Service charges can be held as being part of the rent if it states so in the relevant tenancy agreement.


Discretionary Ground – Has to be reasonable to grant possession

As this is a discretionary ground, even if it is proved that there is some rent due, the court must still decide whether it is reasonable to grant possession.

Step 1

Notice Requirements

Step 1 – Notice Requirements

1

Click to Check Notice Requirements

You will be directed to a page outlining the Notice Requirements and other important information relating to Notices.
Click Here

2

If Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

3

If Notice has been served and is valid

Proceed to step 2

Step 2

Claim Form & Particulars of Claim

Step 2 – Claim Form & Particulars of Claim

1

Click to Check the Claim form & Particulars of Claim Requirements

You will be re-directed to a page outlining the requirements for the Claim form & Particulars of Claim.
Click Here

2

If the requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

3

If the requirements for the Claim form & particulars were followed

Proceed to step 3

Step 3

Pre-Court Action

Step 3 – Pre-Court Action Requirements

1

Click to see the Pre-Court Action Requirements

You will be re-directed to a page outlining the Pre-Court action requirements and other key information.
Click Here

2

If the Pre-Court Action requirements were not follow

Then this must be outlined in the defence form or to the court.

3

If the Pre-Court Action requirements were followed

Proceed to step 4

Step 4

Disputing Ground

Step 4 – Disputing this Ground

1

Click to see how this Ground can be disputed

You will be re-directed to a page outlining how this Ground can be disputed
Click Here

2

If the Ground can be disputed

Then this must be outlined in the defence form or to the court.

3

If this Ground cannot be disputed

Proceed to step 5

Step 1

Diseepair

Step 5 – Disrepair Defence (Set-off)

1

Click to Check if you have a potential defence relating to disrepair

You will be re-directed to a page outlining the requirements for a defence of disrepair
Click Here

2

If there are valid grounds to prove a counterclaim

Then this must be outlined in the defence form or to the court.

3

If there are no valid grounds to prove a counterclaim for disrepair

Proceed to step 6

Step 1

Notice Requirements

Step 6 – If there are no Defences are disputes

1

Reasonableness of ordering possession

You will be re-directed to a page outlining the factors the court may consider relating to ordering possession.
Click Here

2

If there are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

3

If there are no factors relating to reasonableness

Proceed to step 7

Step 1

Notice Requirements

Step 7 – Human Rights, Equality Act & Public Law

1

Click for information relating to Human Rights, Equality and Public Law

You will be re-directed to a page outlining information relating to Human Rights, Equality and Public law Defences.
Click Here

2

If there are valid defences under Human Rights, Equality or Public law

Then this must be outlined in the defence form or to the court.

3

If there are no defences under Human Rights, Equality or Public Law

Proceed to the FAQ section below
FAQ
Find Your Question Here

Your Questions Answered

Below are answers to questions you may have relating to possession proceedings

How to include the challenges in the Defence form?
  1. Click here to view an example of making on challenge.
  2. Click here to view an example of making multiple challenges.
How to make my arguments relating to the challenges I identified, at Court

1. You need to use the same structure, arguments and evidence as outlined in your defence form.

2. You need to outline to the Duty Adviser at court, each argument you and related evidence you have identified and collated.

What to do if Possession is Ordered?

If possession is ordered you have the followign options:

a) Apply for an exceptional hardship order in the hearing to delay the possession (in the next step of this FAQ)

b) Appeal

Can Possession be Delayed?

Sed vehicula id eros at finibus. In bibendum sem nec malesuada tempus. Sed uctor congue ex a congue. Mauris porttitor metus quis tincidunt vulputate. Morbi tincidunt augue nec enim hendrerit dapibus. Maecenas accumsan auctor ex eget.

Where can I get extra support?

Sed vehicula id eros at finibus. In bibendum sem nec malesuada tempus. Sed uctor congue ex a congue. Mauris porttitor metus quis tincidunt vulputate. Morbi tincidunt augue nec enim hendrerit dapibus. Maecenas accumsan auctor ex eget.

What to do if I have a disability which makes it impossible to conduct legal proceedings?

Sed vehicula id eros at finibus. In bibendum sem nec malesuada tempus. Sed uctor congue ex a congue. Mauris porttitor metus quis tincidunt vulputate. Morbi tincidunt augue nec enim hendrerit dapibus. Maecenas accumsan auctor ex eget.