Step 4
Can This Ground Be Disputed?
Ground 8
1
Possible Dispute 1
"Disputing the completion of works in the decant property (the temporary form of accommodation provided to the tenant)"
1. Explanation
The tenant could argue that the works that were proposed to take place in the principal accommodation are not completed.
2. Evidence
a) Evidence of the reasons why works were going to take place.
b) Evidence of the type of works that were going to take place.
c) Evidence of the duration of the works and the objective the works were expected to achieve.
c) Evidence that the works commissioned were not completed and did not achieve the intended objectives.
3. Advancing your Defence
1
Possible Dispute 1
"Disputing the completion of works in the decant property (the temporary form of accommodation provided to the tenant)"
1. Explanation
The tenant could argue that the works that were proposed to take place in the principal accommodation are not completed.
2. Evidence
a) Evidence of the reasons why works were going to take place.
b) Evidence of the type of works that were going to take place.
c) Evidence of the duration of the works and the objective the works were expected to achieve.
c) Evidence that the works commissioned were not completed and did not achieve the intended objectives.
3. Advancing your Defence
2
Possible Dispute 2
Disputing the purpose of the decant property – i.e disputing that the property that the tenant was moved to from his principal accommodation was ‘temporary’"
1. Explanation
The tenant could argue that the decant property is not temporary accommodation or that it was not provided due to repair works on their original property. For example, if the decant property was provided for a different reason.
2. Evidence
a) Evidence of correspondence between the tenant and the landlord regarding the reasons or premise or basis under which he was relocated to a different property and that such reason, basis, or premise was not that ‘works ‘ were going to completed in the original accommodation, but a different reason, for example a reason was which was intended to make the property which the tenant was relocated to permanent.
Or
b) Evidence of reasons which meant that the tenant was not going to be moved back to the original accommodation but would be in the property they were relocated to for a longer period than the landlord is claiming, in contemplation that the landlord would provide a different permanent residence.
3. Advancing your Defence
2
Possible Dispute 2
Disputing the purpose of the decant property – i.e disputing that the property that the tenant was moved to from his principal accommodation was ‘temporary’"
1. Explanation
The tenant could argue that the decant property is not temporary accommodation or that it was not provided due to repair works on their original property. For example, if the decant property was provided for a different reason.
2. Evidence
a) Evidence of correspondence between the tenant and the landlord regarding the reasons or premise or basis under which he was relocated to a different property and that such reason, basis, or premise was not that ‘works ‘ were going to completed in the original accommodation, but a different reason, for example a reason was which was intended to make the property which the tenant was relocated to permanent.
Or
b) Evidence of reasons which meant that the tenant was not going to be moved back to the original accommodation but would be in the property they were relocated to for a longer period than the landlord is claiming, in contemplation that the landlord would provide a different permanent residence.
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‘?
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.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.