Step 4
Can This Ground Be Disputed?
Ground 2a
1
Possible Dispute 1
"Disputing the allegation of: Domestic violence occurring"
1. Explanation
The tenant may argue that domestic violence did not occur, or that the partner left for unrelated reasons such as work, family, or personal choice.
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
"Disputing the allegation of: Domestic violence occurring"
1. Explanation
The tenant may argue that domestic violence did not occur, or that the partner left for unrelated reasons such as work, family, or personal choice.
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
"Disputing the allegation of: The spouse or tenant who was subject to instances of domestic violence is ‘unlikely to return’"
1. 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
a) Statement from the tenant or their partner denying any domestic abuse.
b) Evidence of alternative reasons for leaving (e.g. job offer, family emergency).
c) Absence of police, court, or medical records relating to domestic abuse.
d) Witness statements from neighbours, friends, or family.
e) Communication records showing ongoing contact between the parties.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing the allegation of: The spouse or tenant who was subject to instances of domestic violence is ‘unlikely to return’"
1. 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
a) Statement from the tenant or their partner denying any domestic abuse.
b) Evidence of alternative reasons for leaving (e.g. job offer, family emergency).
c) Absence of police, court, or medical records relating to domestic abuse.
d) Witness statements from neighbours, friends, or family.
e) Communication records showing ongoing contact between the parties.
3. Advancing your Defence
3
Possible Dispute 3
"Disputing the allegation that the perpetrator of the domestic violence resides in the premises"
1. Explanation
It can be argued that the perpetrator of the domestic violence is no longer residing at the property.
2. Evidence
a) Proof of the perpetrator’s new address.
b) Evidence they make no financial contributions to the household.
c) Evidence the perpetrator only lived at the property temporarily.
d) Statements from neighbours confirming the perpetrator does not or did not live there permanently.
e) If no direct evidence is available, argue that the landlord’s evidence (e.g. old CCTV footage) is outdated or insufficient to prove current residence.
3. Advancing your Defence
3
Possible Dispute 3
"Disputing the allegation that the perpetrator of the domestic violence resides in the premises"
1. Explanation
It can be argued that the perpetrator of the domestic violence is no longer residing at the property.
2. Evidence
a) Proof of the perpetrator’s new address.
b) Evidence they make no financial contributions to the household.
c) Evidence the perpetrator only lived at the property temporarily.
d) Statements from neighbours confirming the perpetrator does not or did not live there permanently.
e) If no direct evidence is available, argue that the landlord’s evidence (e.g. old CCTV footage) is outdated or insufficient to prove current residence.
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.