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Legal Guides

Possession Proceedings

Ground 1 (Breach of Obligation)

Please follow all the Steps Below

Explanation of Ground

a) The Ground can be claimed under if any amount of rea) The Ground can be claimed under if any of the tenant’s obligations in the tenancy agreement have been breached.

b) This Ground can be claimed alongside other Grounds, a breach of an obligation could trigger this ground and could also trigger another relevant Ground. For example, it might state in the tenancy agreement that the tenant must keep maintain the condition of the property, a breach of this requirement could trigger this Ground: Breach of an obligation of the tenancy and could also simultaneously trigger, Ground 3 which is a ground specific to the tenant’s failure to keep the property in a good condition.

c) The Defence such a breach can be advanced as a defence to both triggered grounds, so there is no separate type of format of Defence in relation to each independent triggered ground as they are founded upon the same nature of facts.

d) There breach must have existed at the time when the notice was served.

Discretionary Ground – Has to be reasonable to grant possession
c) 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

Notice Requirements

Step 5 – 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 6 – 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?

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How to make my arguments relating to the challenges I identified, at Court?

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What to do if Possession is Ordered?

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Can Possession be Delayed?

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Where can I get extra support?

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

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