Step 4
Can This Ground Be Disputed?
Ground 5
1
Possible Dispute 1
"No false statement was made"
1. Explanation
It could be argued that no false statement was made by the tenant at any point prior to the commencement of the tenancy or throughout the term tenancy as it stands.
2. Evidence
a) Evidence demonstrating that the information claimed to be false, was true at the time it was made. For example, if it is claimed that the information you provided relating to your income was false, you can demonstrate bank statements showing that the you declared the correct income at the time you provided such information, even though your income may have significantly changed after providing such information initially.
3. Advancing your Defence
1
Possible Dispute 1
"No false statement was made"
1. Explanation
It could be argued that no false statement was made by the tenant at any point prior to the commencement of the tenancy or throughout the term tenancy as it stands.
2. Evidence
a) Evidence demonstrating that the information claimed to be false, was true at the time it was made. For example, if it is claimed that the information you provided relating to your income was false, you can demonstrate bank statements showing that the you declared the correct income at the time you provided such information, even though your income may have significantly changed after providing such information initially.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing material effect of false statement in granting the tenancy"
1. Explanation
Even if a false statement was made, the tenant could argue that it did not materially affect the landlord’s decision to grant the tenancy.
The tenant could argue that the tenancy would have been granted regardless of the false statement, or that the landlord did not rely on that particular information in making their decision. For example, if the tenant made a false statement relating to age of one of the children in an attempt to demonstrate that the children are young and require particular accommodation, it could be argued that the tenant nevertheless had children and thus the local authority would have granted that particular accommodation in any case.
2. Evidence
Evidence to demonstrate that the local authority would have granted the tenancy due to other present factors being true – For example if the tenant was truthful in all other parts of the application for tenancy and those parts were sufficient to satisfy the council’s criteria for granting the tenancy irrespective of the one or more other statements made that turned out to be false.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing material effect of false statement in granting the tenancy"
1. Explanation
Even if a false statement was made, the tenant could argue that it did not materially affect the landlord’s decision to grant the tenancy.
The tenant could argue that the tenancy would have been granted regardless of the false statement, or that the landlord did not rely on that particular information in making their decision. For example, if the tenant made a false statement relating to age of one of the children in an attempt to demonstrate that the children are young and require particular accommodation, it could be argued that the tenant nevertheless had children and thus the local authority would have granted that particular accommodation in any case.
2. Evidence
Evidence to demonstrate that the local authority would have granted the tenancy due to other present factors being true – For example if the tenant was truthful in all other parts of the application for tenancy and those parts were sufficient to satisfy the council’s criteria for granting the tenancy irrespective of the one or more other statements made that turned out to be false.
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.