Step 4
Can This Ground Be Disputed?
Ground 7
1
Possible Dispute 1
"Denying the nature of the tenancy being a ‘tied accommodation’ i.e linked to employment of the tenant or a predecessor of the tenant and that the property is connected to a building mainly used for non-residential premises"
1. Explanation
The tenant could argue that the accommodation at which he currently resides is not associated to the employment of the tenant or a predecessor of the tenant and that the property is connected to a building mainly used for non-residential premises.
2. Evidence
a) The Tenant or the individual who the tenant inherited the tenancy from was never involved in any employment associated with the property, the landlord or the premises surrounding the property. This can be proved through evidence demonstrating employment history, employment records, bank statements, correspondence, tenancy agreements.
b) The property where tenant lives is not linked to non-residential premises. This could be proved by demonstrating evidence of the properties that are connected and surround the property of the tenant are residential.
3. Advancing your Defence
1
Possible Dispute 1
"Denying the nature of the tenancy being a ‘tied accommodation’ i.e linked to employment of the tenant or a predecessor of the tenant and that the property is connected to a building mainly used for non-residential premises"
1. Explanation
The tenant could argue that the accommodation at which he currently resides is not associated to the employment of the tenant or a predecessor of the tenant and that the property is connected to a building mainly used for non-residential premises.
2. Evidence
a) The Tenant or the individual who the tenant inherited the tenancy from was never involved in any employment associated with the property, the landlord or the premises surrounding the property. This can be proved through evidence demonstrating employment history, employment records, bank statements, correspondence, tenancy agreements.
b) The property where tenant lives is not linked to non-residential premises. This could be proved by demonstrating evidence of the properties that are connected and surround the property of the tenant are residential.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing that the tenant acted in a unreasonable manner in relation to the tied accommodation (i.e. in relation to the the connected premises where they are employed by the landlord or in relation to the connected premises where the individual they inherited the property from was employed by the landlord"
1. Explanation
It can be argued that that the tenant did not act in an ‘unreasonable manner’ and behaved reasonably at all times in relation to the tied accommodation.
2. Evidence
a) Evidence demonstrating that there was never any unreasonable conduct exhibited by the tenant. Such evidence could consist of witness statements from individuals who were located close to the tenant while the conduct is claimed to have occurred. Alternatively, CCTV evidence could be provided if useful and ascertainable.
3. Advancing your Defence
2
Possible Dispute 2
"Disputing that the tenant acted in a unreasonable manner in relation to the tied accommodation (i.e. in relation to the the connected premises where they are employed by the landlord or in relation to the connected premises where the individual they inherited the property from was employed by the landlord"
1. Explanation
It can be argued that that the tenant did not act in an ‘unreasonable manner’ and behaved reasonably at all times in relation to the tied accommodation.
2. Evidence
a) Evidence demonstrating that there was never any unreasonable conduct exhibited by the tenant. Such evidence could consist of witness statements from individuals who were located close to the tenant while the conduct is claimed to have occurred. Alternatively, CCTV evidence could be provided if useful and ascertainable.
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.