Defences
Disputing the Ground
Disputing Ground 2ZA
Please follow the steps below for more information relating to ‘disputing the ground’
Ground 2ZA
Disputing Ground 2ZA
What does the Ground Say?
Ground 2ZA – Explanation
The landlord can issue a claim for possession under this Ground if:
a) the tenant or an adult who lives in the property has been convicted of an indictable offence (serious offence)
and
b) the offence took place during a riot in the UK
Meaning of riot: A riot means when 12 or more people in the same place, use or threaten unlawful violence for a common purpose, and their actions would cause someone to fear for their personal safety
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.
How It Works
Full Defence
Possible Dispute 1
Disputing the allegation of: the tenant has been convicted of an indictable (serious offence)
1 – What does this mean?
Explanation
If the landlord’s claim relating to the existence of any conviction for an indictable offence (serious offence) is wrong, the tenant can dispute that has never been convicted of an indictable offence (serious offence)
2 – Evidence
Evidence Required
OR
B) Evidence that a conviction exists but it was NOT for an indictable offence.
3 – Advancing Defence
Outline in Defence Form
or at Court
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
Disputing the allegation that: The tenant or a person living at the property has been convicted of an indictable offence, but the offence was not committed at the scene of a riot.
1 – What does this mean?
Explanation
2 – Evidence
Evidence Required
Or
b) That there was 12 or more people at the scene, but such 12 or more people were not engaged in rioting because the 12 or more people at the scene did NOT use or threaten unlawful violence for a common purpose, and their actions did NOT cause someone to fear for their personal safety.
3 – Advancing Defence
Outline in Defence Form
or at Court
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
Disputing the allegation that the individual who had been convicted of an indictable offence at the scene of a riot is not a person that continues to live there and the remaining person(s) residing at the property are legal tenants.
1 – What does this mean?
Explanation
2 – Evidence
Evidence Required
b) Evidence that no household contributions are being made by the individual who was convicted of an indictable offence at the scene of a riot.
c) Evidence that the individual who was convicted of an indictable offence at the scene of a riot has only resided in the property temporarily and no longer lives at the propert, if this was the case.
d) Evidence from neighbours that the individual who was convicted of an indictable offence at the scene of a riot no longer lives at the property, or has never permanently lived at the property.
e) If you have no such evidence above mentioned in (a) to (d), you need to demonstrate to the court that the Landlord has failed to prove his claim that the individual who was convicted of an indictable offence at the scene of a riot currently resides at the property, for example because he has provided outdated evidence such as a CCTV recording from a a few months ago. As such the landlord’s evidence is weak and cannot demonstrate conclusively that the perpetrator currently resides at the property.
3 – Advancing Defence
Outline in Defence Form
or at Court
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
Find Your Question Here
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.