Step 4
Can This Ground Be Disputed?
Ground 3
1
Possible Dispute 1
"The condition of the property or the common parts did not deteriorate"
1. Explanation
From the point of the commencement of the tenancy up until the notice seeking possession was served upon the tenant there was no deterioration of the condition of the property or the common parts.
2. Evidence
a) Evidence of the condition of the property prior to the commencement.
b) Evidence demonstrating the landlord’s awareness of the condition of the property prior to the commencement of the tenancy.
3. Advancing your Defence
1
Possible Dispute 1
"The condition of the property or the common parts did not deteriorate"
1. Explanation
From the point of the commencement of the tenancy up until the notice seeking possession was served upon the tenant there was no deterioration of the condition of the property or the common parts.
2. Evidence
a) Evidence of the condition of the property prior to the commencement.
b) Evidence demonstrating the landlord’s awareness of the condition of the property prior to the commencement of the tenancy.
3. Advancing your Defence
2
Possible Dispute 2
"The condition of the property or the deteriorated but the tenant and/or a person residing in the property did not cause such deterioration"
1. Explanation
It can be argued that although there was deterioration tot he condition of the property, that the tenant or a person residing in the property were not the cause of such deterioration to the condition of the property as claimed by the landlord.
2. Evidence
a) Evidence demonstrating that the condition of the property deteriorated due to another cause. For example, if there is damp in the bathroom, this could be due to the fact that the extractor is not effective, and not due to the tenant running hot water.
b) Evidence demonstrating that another person that is not the tenant nor a person residing at the property that caused the condition of the property to deteriorate. For example, it could be that the upstairs neighbour has caused leaks that damaged the wall in the tenant’s property.
3. Advancing your Defence
2
Possible Dispute 2
"The condition of the property or the deteriorated but the tenant and/or a person residing in the property did not cause such deterioration"
1. Explanation
It can be argued that although there was deterioration tot he condition of the property, that the tenant or a person residing in the property were not the cause of such deterioration to the condition of the property as claimed by the landlord.
2. Evidence
a) Evidence demonstrating that the condition of the property deteriorated due to another cause. For example, if there is damp in the bathroom, this could be due to the fact that the extractor is not effective, and not due to the tenant running hot water.
b) Evidence demonstrating that another person that is not the tenant nor a person residing at the property that caused the condition of the property to deteriorate. For example, it could be that the upstairs neighbour has caused leaks that damaged the wall in the tenant’s property.
3. Advancing your Defence
3
Possible Dispute 3
"Disputing the ‘common parts’ allegation: That the condition of the common parts deteriorated but the tenant and/or a person residing in the property did not cause such deterioration"
1. Explanation
It can be argued that although there was deterioration tot he condition of the ‘common parts’, that the tenant or a person residing in the property were not the cause of such deterioration to the common parts as claimed by the landlord.
2. Evidence
a) Evidence demonstrating that the condition of the property deteriorated due to another cause. For example, if there building door lock is no longer working, this could be due to the fact that lock is of poor quality and the continues use of the door by visitors to the building has caused the lock to break, and that this was not due to the misuse of the tenant or a person residing in the property.
b) Evidence demonstrating that another person that is not the tenant nor a person residing at the property that caused the condition of the property to deteriorate. For example, it could be that the upstairs neighbour has closed the smashed the building door while closing it, causing the building door’s locks to break.
3. Advancing your Defence
3
Possible Dispute 3
"Disputing the ‘common parts’ allegation: That the condition of the common parts deteriorated but the tenant and/or a person residing in the property did not cause such deterioration"
1. Explanation
It can be argued that although there was deterioration tot he condition of the ‘common parts’, that the tenant or a person residing in the property were not the cause of such deterioration to the common parts as claimed by the landlord.
2. Evidence
a) Evidence demonstrating that the condition of the property deteriorated due to another cause. For example, if there building door lock is no longer working, this could be due to the fact that lock is of poor quality and the continues use of the door by visitors to the building has caused the lock to break, and that this was not due to the misuse of the tenant or a person residing in the property.
b) Evidence demonstrating that another person that is not the tenant nor a person residing at the property that caused the condition of the property to deteriorate. For example, it could be that the upstairs neighbour has closed the smashed the building door while closing it, causing the building door’s locks to break.
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.