Disputed – Ground 1 (Breach of obligations)

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Disputing the Ground

Defences

Disputing Ground 1 (Breach of Obligations)

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

Ground 1

Disputing Ground 1

What does the Ground Say?

Ground 1 (Breach of Obligations) – Explanation

a) 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.

d) 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..

How It Works

Full Defence

Possible Dispute 1

There was never any obligation breached, or there is evidence that points to a breach but it was not you who caused this apparent breach

1 – What does this mean?

Explanation

There has never been a breach of obligation. The tenant’s obligations in the tenancy agreement were always fully complied with without fault

2 – Evidence

Evidence Required

a) You need to provide evidence which support your dispute. For example, if the landlord is claiming you kept the property in poor condition, you need to demonstrate that the property’s condition was in such a condition prior to your tenancy agreement.

Or

b) If you have no evidence to prove your defence that you have not breached an obligation, You need to demonstrate to the Court why the Landlord’s claim has not been proven. For example, if the Landlord is stating that you damaged the front door as the front door is dented, you need to demonstrate that there is not true because for example: you know it was was not you who has damaged the front door but it was your neighbour’s child who crashed his bicycle into the front door, and the landlord hasn’t taken this into consideration that it when making the claim and has not been able to prove that it was you most likely you who was the cause of the damaged front door

Or

c) It was not you who caused the breach, but it’s the landlord’s fault for something going wrong. For example, if the landlord is claiming you breached the tenancy obligation to keep the appliances in good condition, and then an old dishwasher become faulty and the landlord claims that you have breached an obligation of the tenancy on this basis, you can demonstrate to the court that it was the landlord who provided an old dishwasher which hasn’t been properly maintained prior to your tenancy or throughout your tenancy, and that you did not do anything deliberate to damage the dishwasher.

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

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

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

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.