Step 4

Can This Ground Be Disputed?

Ground 1 Breach of Tenant's Obligations

1

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. 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

a) You should provide evidence to support your dispute. For example, if the landlord claims you caused damage, you could show the damage existed before your tenancy began.

b) If you have no direct evidence, explain why the landlord’s claim is unproven. For instance, if the landlord blames you for a dented front door, but you know it was caused by a neighbour’s child, you can argue the landlord has not proven you were responsible.

c) If the issue was not your fault but due to the landlord’s failure, you can explain this. For example, if a faulty old dishwasher breaks down, you can argue it wasn’t your responsibility as it was already in poor condition and not damaged through misuse.

3. Advancing your Defence

1

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. 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

a) You should provide evidence to support your dispute. For example, if the landlord claims you caused damage, you could show the damage existed before your tenancy began.

b) If you have no direct evidence, explain why the landlord’s claim is unproven. For instance, if the landlord blames you for a dented front door, but you know it was caused by a neighbour’s child, you can argue the landlord has not proven you were responsible.

c) If the issue was not your fault but due to the landlord’s failure, you can explain this. For example, if a faulty old dishwasher breaks down, you can argue it wasn’t your responsibility as it was already in poor condition and not damaged through misuse.

3. Advancing your Defence

Advancing your Defence

If the time limit for filing the defence has not passed

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

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

FAQ

Possible Outcomes of Advancing a Full Dispute

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

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

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‘?

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‘?

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‘?

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

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

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

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Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.