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Disputing the Ground

Defences

Disputing Ground 2A

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

Ground 1

Disputing Ground 2

What does the Ground Say?

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Ground 2 – Explanation

The landlord can issue a claim for possession under this Ground if:

a) A tenant or their spouse/civil partner has left the property due to domestic violence and is unlikely to return;

and

b) the perpetrator of the domestic violence remains in the premises.

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: Domestic Violence occurring

1 – What does this mean?

Explanation

The tenant could argue that he has never engaged in conduct that has caused a nuisance or annoyance to a person in the locality or to the landlord.

2 – Evidence

Evidence Required

a)

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

Disputing the allegation of: the spouse or tenant who was subject to instances of domestic violence is ‘unlikely to return’

1 – What does this mean?

Explanation

The tenant could argue that although the tenant or the spouse of the tenant has been subject to domestic violence and that they have left the property for some time, they are due or are likely to come back following such an incident.

2 – Evidence

Evidence Required

a) Correspondence between the alleged perpetrator of the domestic violence and the tenant or spouse who has left the property, demonstrating that they have resolved their issues and that the person subject to the domestic violence is due to come back or is likely to come back;

Or

b) Evidence that the person subject to the domestic violence has already came back to reside at the property permanently;

Or

c) Evidence that the person subject to the domestic violence has started to reside at the property temporarily, and is likely to return permanently;

Or

d) Evidence that the person subject to the domestic violence has left the property previously due to similar circumstances but has moved back following the issues between the perpetrator and the person subject to the domestic violence being resolved.

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

Disputing the allegation that the perpetrator of the domestic violence resides in the premises

1 – What does this mean?

Explanation

It can be argued that the perpetrator of the domestic violence is no longer residing at the property.

2 – Evidence

Evidence Required

a) Evidence of the new address of the perpetrator of the domestic violence

b) Evidence that no household contributions are being made by the perpetrator of the domestic violence

c) Evidence that the perpetrator of domestic violence has only resided in the property temporarily, if this was the case.

d) Evidence from neighbours that perpetrator of the domestic violence 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 perpetrator 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 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.