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Disputing the Ground

Defences

Disputing Ground 1

Please follow the steps below for more information relating to ‘disputing the ground’

Ground 1

Disputing Ground 1

What does the Ground Say?

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Ground 1 (Rent Arrears) – Explanation

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.

How It Works

Full Defence

Possible Dispute 1

There is no rent due, and there never was

1 – What does this mean?

Explanation

There is no rent due, and there has never been any rent due, there never was, and rent has always been paid in full and on time

2 – Evidence

Evidence Required

You need to outline the amount of rent due per week or Month. You need to demonstrate that all the rent has been paid. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.

3 – Advancing Defence

Outline in Defence Form
or at Court

If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.

If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.

How It Works

Full Defence

Possible Dispute 2

There is no rent due, and there never was

1 – What does this mean?

Explanation

There is no rent due, and there has never been any rent due, there never was, and rent has always been paid in full and on time

2 – Evidence

Evidence Required

You need to outline the amount of rent due per week or Month. You need to demonstrate that all the rent has been paid. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.

3 – Advancing Defence

Outline in Defence Form
or at Court

If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.

If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.

How It Works

Full Defence

Possible Dispute 2

There was no rent due at the time of the notice

1 – What does this mean?

Explanation

There was no rent due at the time the Notice of seeking possession was served upon you (the Notice relating to the current proceedings).

2 – Evidence

Evidence Required

You need to outline the amount of rent due per week or Month. You need to outline that all your rent was paid at the time the notice was served. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.

3 – Advancing Defence

Outline in Defence Form
or at Court

If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.

If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.

How It Works

Full Defence

Possible Dispute 3

There was no rent due at the time the claim was issued

1 – What does this mean?

Explanation

There was no rent due at the date of the issuing of the claim

2 – Evidence

Evidence Required

You need to outline the amount of rent due per week or Month. You need to outline that all your rent was paid at the time the claim was issued. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.

3 – Advancing Defence

Outline in Defence Form
or at Court

If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.

If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.

How It Works

Full Defence

Possible Dispute 4

Money Due is for fees that are not part of the Rent – As per the tenancy agreement

1 – What does this mean?

Explanation

You owe an amount of money to the landlord, but does not relate to the ‘rent’. For example, it could relate to the Service Charges or another property related fees but only if the tenancy agreement does consider such service charges or fees as part of the rent. If the tenancy agreement considers the serveices charges or other property related fess as being part of the rent, then this dispute/defence will NOT work

2 – Evidence

Evidence Required

You need to outline the amount of rent due per week or Month. You need to state that arrears claimed by the Landlord relate to fees or service charges that are not part of the ‘rent’, even if they relate to the properTy. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.

3 – Advancing Defence

Outline in Defence Form
or at Court

If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.

If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.

How It Works

Full Defence

Possible Dispute 5

Offer of Rent Refused – The ‘Defence of Tender’

1 – What does this mean?

Explanation

This Defence is engaged when full rent is offered by the tenant (meaning there would be no arrears) but is refused by the landlord, – this has to be at any point before the notice or after the notice, but before proceedings. If the tenant has made such an offer for rent and the landlord has refused such offer and is till claiming that there are rental arrears, then the tenant may be able to advance this defence, the ‘Defence of Tender’.

2 – Evidence

Evidence Required

You need to outline the amount of rent due per week or Month. You need to demonstrate that you have made an offer for rent, and the landlord has refused such rent, and now that amount the landlord has refused is being claimed as rental arrears or missed payments. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers from tenant or from landlord giving back money to tenant, Valid Cheques, Email or WhatsApp showing landlord to refuse rent and the tenant intending to pay the rent.

3 – Advancing Defence

Outline in Defence Form
or at Court

If the time limit for filing the defence has not passed, you need to clearly outline this defence, obtain the necessary evidence, attach the evidence and refer to the attached evidence in the defence form when you are explaining your dispute.

If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge.
FAQ
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Possible Outcomes of advancing a full dispute

Below are some of the most common outcomes following a full dispute being made by Defendants in possession hearings (the tenants)

What is the effect if the Court Accepts my dispute within the hearing?

If the court finds that there is enough evidence to prove the Defendant’s full dispute of teh claim, or a lack of evidence to prove the landlord’s claim, then the Court can dismiss the Claim and find in favour of the Defendant (the tenant) retaining possession of the property.

What happens if the court does not accept my dispute within the hearing itself but ‘finds that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?

The Court will direct case management directions which puts into motion the process leading upto a trial of the claim. For example:

a) An order for the Defendant to File a full defence

b) An order for the Defendant and Claimant to exchange Evidence

c) To set a trial date

d) ….. other orders as may be appropriate in the lead up to a trial of the claim

What happens if the court does NOT accept my dispute within the hearing and does NOT find that the the claim is ‘genuinely disputed on grounds which appear to be substantial‘

a) The Court could then hear arguments relating to whether it would be ‘reasonable’ to grant possession even if the landlord was able to prove the ground and the tenant’s full dispute to the claim was unsuccessful

or

b) If the tenant does not advance arguments relating to whether it would be ‘reasonable’ to grant possession, the court would then make its own finding on reasonableness and then either

i. Grant Possession to the landlord (the Claimant) if it finds it reasonable to grant possession

or

ii. Dismiss the possession claim and find in favour of the tenant retaining possession of the property

or

iii. The court can make other orders that might be suitable to the circumstance of the case which do not involve immediately granting possession. to the landlord, for example: Adjournment of the proceedings with or without conditions and suspended possession orders.