Step 4
Can This Ground Be Disputed?
Ground 1 Rent Arrears
1
Possible Dispute 1
"There Is No Rent Due, And There Never Was"
1. Explanation
There is no rent due, and there has never been any rent due, there never was, and rent has always been paid in full and on time.
2. Evidence
a) You need to outline the amount of rent due per week or Month.
b) You need to demonstrate that all the rent has been paid.
This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
1
Possible Dispute 1
"There Is No Rent Due, And There Never Was"
1. Explanation
There is no rent due, and there has never been any rent due, there never was, and rent has always been paid in full and on time.
2. Evidence
a) You need to outline the amount of rent due per week or Month.
b) You need to demonstrate that all the rent has been paid.
This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
2
Possible Dispute 2
"There Was No Rent Due at the Time of the Notice"
1. Explanation
There was no rent due at the time the Notice of seeking possession was served upon you (the Notice relating to the current proceedings).
2. Evidence
You need to outline the amount of rent due per week or Month. You need to outline that all your rent was paid at the time the notice was served. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
2
Possible Dispute 2
"There Was No Rent Due at the Time of the Notice"
1. Explanation
There was no rent due at the time the Notice of seeking possession was served upon you (the Notice relating to the current proceedings).
2. Evidence
You need to outline the amount of rent due per week or Month. You need to outline that all your rent was paid at the time the notice was served. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
3
Possible Dispute 3
"There Was No Rent Due At the Time the Claim Was Issued"
1. Explanation
There was no rent due at the date of the issuing of the claim.
2. Evidence
You need to outline the amount of rent due per week or Month. You need to outline that all your rent was paid at the time the claim was issued. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
3
Possible Dispute 3
"There Was No Rent Due At the Time the Claim Was Issued"
1. Explanation
There was no rent due at the date of the issuing of the claim.
2. Evidence
You need to outline the amount of rent due per week or Month. You need to outline that all your rent was paid at the time the claim was issued. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
4
Possible Dispute 4
"Money Due is For Fees That Are Not Part of the Rent"
1. Explanation
You owe an amount of money to the landlord, but does not relate to the ‘rent’. For example, it could relate to the Service Charges or another property related fees but only if the tenancy agreement does consider such service charges or fees as part of the rent. If the tenancy agreement considers the services charges or other property related fess as being part of the rent, then this dispute/defence will NOT work.
2. Evidence
You need to outline the amount of rent due per week or Month. You need to state that arrears claimed by the Landlord relate to fees or service charges that are not part of the ‘rent’, even if they relate to the properTy. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
4
Possible Dispute 4
"Money Due is For Fees That Are Not Part of the Rent"
1. Explanation
You owe an amount of money to the landlord, but does not relate to the ‘rent’. For example, it could relate to the Service Charges or another property related fees but only if the tenancy agreement does consider such service charges or fees as part of the rent. If the tenancy agreement considers the services charges or other property related fess as being part of the rent, then this dispute/defence will NOT work.
2. Evidence
You need to outline the amount of rent due per week or Month. You need to state that arrears claimed by the Landlord relate to fees or service charges that are not part of the ‘rent’, even if they relate to the properTy. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
5
Possible Dispute 5
"Offer of Rent Refused – The ‘Defence of Tender’"
1. Explanation
This Defence is engaged when full rent is offered by the tenant (meaning there would be no arrears) but is refused by the landlord, – this has to be at any point before the notice or after the notice, but before proceedings. If the tenant has made such an offer for rent and the landlord has refused such offer and is till claiming that there are rental arrears, then the tenant may be able to advance this defence, the ‘Defence of Tender’.
2. Evidence
You need to outline the amount of rent due per week or Month. You need to demonstrate that you have made an offer for rent, and the landlord has refused such rent, and now that amount the landlord has refused is being claimed as rental arrears or missed payments. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers from tenant or from landlord giving back money to tenant, Valid Cheques, Email or WhatsApp showing landlord to refuse rent and the tenant intending to pay the rent.
3. Advancing your Defence
5
Possible Dispute 5
"Offer of Rent Refused – The ‘Defence of Tender’"
1. Explanation
This Defence is engaged when full rent is offered by the tenant (meaning there would be no arrears) but is refused by the landlord, – this has to be at any point before the notice or after the notice, but before proceedings. If the tenant has made such an offer for rent and the landlord has refused such offer and is till claiming that there are rental arrears, then the tenant may be able to advance this defence, the ‘Defence of Tender’.
2. Evidence
You need to outline the amount of rent due per week or Month. You need to demonstrate that you have made an offer for rent, and the landlord has refused such rent, and now that amount the landlord has refused is being claimed as rental arrears or missed payments. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers from tenant or from landlord giving back money to tenant, Valid Cheques, Email or WhatsApp showing landlord to refuse rent and the tenant intending to pay the rent.
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.