Step 4
Can This Ground Be Disputed?
Ground 2
1
Possible Dispute 1
"Disputing the allegation of: Causing or likely to cause a nuisance or annoyance to a person in the locality or the landlord"
1. 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
a) Provide evidence to counter the landlord’s claims, such as a witness statement from a neighbour supporting your account.
b) If you lack direct evidence, show why the landlord’s claim is unproven — for example, if the landlord refers to complaints but provides no supporting witness statements.
c) Argue that your behaviour was reasonable and does not amount to nuisance or annoyance.
3. Advancing your Defence
1
Possible Dispute 1
"Disputing the allegation of: Causing or likely to cause a nuisance or annoyance to a person in the locality or the landlord"
1. 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
a) Provide evidence to counter the landlord’s claims, such as a witness statement from a neighbour supporting your account.
b) If you lack direct evidence, show why the landlord’s claim is unproven — for example, if the landlord refers to complaints but provides no supporting witness statements.
c) Argue that your behaviour was reasonable and does not amount to nuisance or annoyance.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing the allegation of: Caused or is likely to cause nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions"
1. Explanation
The tenant could argue that he has never engaged in conduct that has caused a nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions.
2. Evidence
a) Provide evidence to support your dispute. For example, if the landlord relies on a neighbour’s statement alleging nuisance toward housing staff, you can submit your own or another person’s witness statement to challenge this.
b) If you have no evidence, explain why the landlord’s claim is unproven — for instance, if they refer to complaints by housing staff but provide no witness statement or clear evidence.
c) Argue that your conduct was reasonable and does not amount to nuisance or annoyance.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing the allegation of: Caused or is likely to cause nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions"
1. Explanation
The tenant could argue that he has never engaged in conduct that has caused a nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions.
2. Evidence
a) Provide evidence to support your dispute. For example, if the landlord relies on a neighbour’s statement alleging nuisance toward housing staff, you can submit your own or another person’s witness statement to challenge this.
b) If you have no evidence, explain why the landlord’s claim is unproven — for instance, if they refer to complaints by housing staff but provide no witness statement or clear evidence.
c) Argue that your conduct was reasonable and does not amount to nuisance or annoyance.
3. Advancing your Defence
3
Possible Dispite 3
"Possible Dispute of claim that the tenant: Has been convicted of using the property or allowing it to be used for illegal or immoral purposes"
1. Explanation
If the landlord’s claim relating to the existence of conviction is wrong, the tenant can dispute that has never been convicted of using the property or allowing it to be used for illegal or immoral purposes.
2. Evidence
Evidence of no such previous convictions, which could be attained from the relevant Police Authority or other relevant authorities.
3. Advancing your Defence
3
Possible Dispite 3
"Possible Dispute of claim that the tenant: Has been convicted of using the property or allowing it to be used for illegal or immoral purposes"
1. Explanation
If the landlord’s claim relating to the existence of conviction is wrong, the tenant can dispute that has never been convicted of using the property or allowing it to be used for illegal or immoral purposes.
2. Evidence
Evidence of no such previous convictions, which could be attained from the relevant Police Authority or other relevant authorities.
3. Advancing your Defence
4
Possible Dispute 4
"Possible dispute of claim that the tenant: Has been convicted of an indictable (serious offence) committed in the locality of the property"
1. Explanation
The are three possible sub-disputes to this part of the Ground:
a) If the tenant has never been convicted of any offence – If the landlord’s claim relating to the existence of any conviction is wrong, the tenant can dispute that has never been convicted of an offence
Or
b) If the tenant has never been convicted of an offence but it was not an indictable offence – If the landlord’s claim relating to the existence of conviction for an indictable offence is wrong, the tenant can dispute that has never been convicted of an indictable offence
Or
c) If the tenant has convicted of an indictable offence but was not committed in the locality of the property – If the landlord’s claim relating to the the fact that indictable offence was committed in the locality but it can be demonstrated that it was NOT committed in the locality, then the tenant can dispute the claim that it was ‘committed in the locality’.
Meaning of locality: The surrounding area, neighbourhood and community in which the property is located.
2. Evidence
a) Evidence of no such previous convictions, which could be attained from the relevant Police Authority or other relevant authorities.
Or
b) Evidence that the an indictable offence has been committed but NOT in the locality.
Meaning of locality: The surrounding area, neighbourhood and community in which the property is located.
3. Advancing your Defence
4
Possible Dispute 4
"Possible dispute of claim that the tenant: Has been convicted of an indictable (serious offence) committed in the locality of the property"
1. Explanation
The are three possible sub-disputes to this part of the Ground:
a) If the tenant has never been convicted of any offence – If the landlord’s claim relating to the existence of any conviction is wrong, the tenant can dispute that has never been convicted of an offence
Or
b) If the tenant has never been convicted of an offence but it was not an indictable offence – If the landlord’s claim relating to the existence of conviction for an indictable offence is wrong, the tenant can dispute that has never been convicted of an indictable offence
Or
c) If the tenant has convicted of an indictable offence but was not committed in the locality of the property – If the landlord’s claim relating to the the fact that indictable offence was committed in the locality but it can be demonstrated that it was NOT committed in the locality, then the tenant can dispute the claim that it was ‘committed in the locality’.
Meaning of locality: The surrounding area, neighbourhood and community in which the property is located.
2. Evidence
a) Evidence of no such previous convictions, which could be attained from the relevant Police Authority or other relevant authorities.
Or
b) Evidence that the an indictable offence has been committed but NOT in the locality.
Meaning of locality: The surrounding area, neighbourhood and community in which the property is located.
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.