Step 4
Can This Ground Be Disputed?
Ground 6
1
Possible Dispute 1
"Denying that any payment was made to/from or any financial transaction was made between the original tenant and the assignee"
1. Explanation
The tenant can argue that here has never been a payment or any transfer of value between the original tenant and the assignee.
2. Evidence
a) Bank statements, Receipts or invoices
b) Correspondence between the original tenant and the assignee- Emails, WhatsApps etc…
3. Advancing your Defence
1
Possible Dispute 1
"Denying that any payment was made to/from or any financial transaction was made between the original tenant and the assignee"
1. Explanation
The tenant can argue that here has never been a payment or any transfer of value between the original tenant and the assignee.
2. Evidence
a) Bank statements, Receipts or invoices
b) Correspondence between the original tenant and the assignee- Emails, WhatsApps etc…
3. Advancing your Defence
2
Possible Dispute 2
"Even though, a payment or financial transaction had taken place between the original tenant and the assignee, it is dispute that such payment or transaction was a premium (sum of money or other financial incentive) was paid for the assignment"
1. Explanation
It could denied that no premium was paid in connection with the assignment. They tenant may argue that any money exchanged was not related to the transfer of the tenancy or was a legitimate payment for a different reason, but not a premium relating to the assignment.
2. Evidence
a) Bank statements, Receipts or invoices – specifying the purpose of payments (e.g., “Payment for sofa”).
b) Evidence of the what was provided in return for any payment made between both individuals.
3. Advancing your Defence
2
Possible Dispute 2
"Even though, a payment or financial transaction had taken place between the original tenant and the assignee, it is dispute that such payment or transaction was a premium (sum of money or other financial incentive) was paid for the assignment"
1. Explanation
It could denied that no premium was paid in connection with the assignment. They tenant may argue that any money exchanged was not related to the transfer of the tenancy or was a legitimate payment for a different reason, but not a premium relating to the assignment.
2. Evidence
a) Bank statements, Receipts or invoices – specifying the purpose of payments (e.g., “Payment for sofa”).
b) Evidence of the what was provided in return for any payment made between both individuals.
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.