Step 4
Can This Ground Be Disputed?
Ground 4
1
Possible Dispute 1
"The furniture in the property or the common parts did not get damaged"
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 damage caused to the furniture in the property or the common parts.
2. Evidence
a) Evidence of the condition of the furniture in the property or in the common parts prior to the commencement.
b) Evidence demonstrating the landlord’s awareness of the condition of the furniture in the property or in the common parts prior to the commencement of the tenancy.
3. Advancing your Defence
1
Possible Dispute 1
"The furniture in the property or the common parts did not get damaged"
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 damage caused to the furniture in the property or the common parts.
2. Evidence
a) Evidence of the condition of the furniture in the property or in the common parts prior to the commencement.
b) Evidence demonstrating the landlord’s awareness of the condition of the furniture in the property or in the common parts prior to the commencement of the tenancy.
3. Advancing your Defence
2
Possible Dispute 2
"The furniture in the property or in the common parts was damaged, but the tenant and/or a person residing in the property did not cause such damage"
1. Explanation
It can be argued that although there was damage cause to the furniture in the property or in the common. 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 furniture in property or in the common parts was damaged due to another cause. For example, if there the fabric of the chairs was damaged inside the property, this could have been due to a leak from the upstairs neighbour and not due to the misuse of the tenant and/or a person residing in the property.
3. Advancing your Defence
2
Possible Dispute 2
"The furniture in the property or in the common parts was damaged, but the tenant and/or a person residing in the property did not cause such damage"
1. Explanation
It can be argued that although there was damage cause to the furniture in the property or in the common. 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 furniture in property or in the common parts was damaged due to another cause. For example, if there the fabric of the chairs was damaged inside the property, this could have been due to a leak from the upstairs neighbour and not due to the misuse of the tenant and/or a person residing in the property.
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.