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Disputing the Ground

Defences

Disputing Ground 2

Please follow the steps below for more information relating to ‘disputing the ground’

Ground 1

Disputing Ground 2

What does the Ground Say?

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Ground 2 – Explanation

The landlord can make issue a claim for possession under this Ground if the tenant, or anyone living in or visiting the property has either:
a) caused or is likely to cause a nuisance or annoyance to anyone residing in, visiting or engaging in a lawful activity in the locality; or
b) caused or is likely to cause nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions; or
c) been convicted of using the property or allowing it to be used for illegal or immoral purposes; or
d) been convicted of an indictable (serious offence) committed in the locality of the property; or

Meaning of Locality: The surrounding area, neighbourhood and community in which the property is located.

Date of conviction: A conviction which was obtained prior to the tenancy commenced can be used under this Ground.

Discretionary Ground – Has to be reasonable to grant possession

As this is a discretionary ground, even if it is proved that there is some rent due, the court must still decide whether it is reasonable to grant possession.

How It Works

Full Defence

Possible Dispute 1

Disputing the allegation of: Causing or likely to cause a Nuisance or Annoyance to a Person in the Locality or the Landlord

1 – What does this mean?

Explanation

The tenant could argue that he has never engaged in conduct that has caused a nuisance or annoyance to a person in the locality or to the landlord.

2 – Evidence

Evidence Required

a) You need to provide evidence which supports your dispute. For example, if the landlord is claiming that you engaged in conduct which has caused a nuisance or that was likely to cause a nuisance or annoyance to a person in the locality, and is using a witness statement of a neighbour to substantiate this claim, you as the tenant could also provide a witness statement from another neighbour if they have any truthful evidence to give in support of your dispute of this claim.
Or

b) If you have no evidence to prove your defence that you have not breached an obligation, You need to demonstrate to the Court why the Landlord’s claim has not been proven. For example, if the Landlord has stated that the neighbours in flat 5 and flat 6 have complained consistently of conduct that has caused a nuisance or behaviour that is likely to cause a nuisance but has failed to provide any witness statement or evidence which identifies them as making such complaints, then you can argue that the Landlord has failed to prove his case.
Or

c) You can argue that the conduct that you engaged in was reasonable and cannot be considered a nuisance or an annoyance.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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.

How It Works

Full Defence

Possible Dispute 2

Disputing the allegation of: caused or is likely to cause nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions

1 – What does this mean?

Explanation

The tenant could argue that he has never engaged in conduct that has caused a nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions

2 – Evidence

Evidence Required

a) You need to provide evidence which supports your dispute. For example, if the landlord is claiming that you engaged in conduct which has caused a nuisance or that was likely to cause a nuisance or annoyance the landlord or a person employed in connection with the exercise of the landlords’s housing management functions and is using a witness statement of a neighbour to substantiate this claim, you as the tenant could also provide your own witness statement or a witness statement from another if you, or they, have any truthful evidence to give in support of your dispute of this claim.

Or

b) If you have no evidence to prove your defence that you have not breached an obligation, You need to demonstrate to the Court why the Landlord’s claim has not been proven. For example, if the Landlord states that an employee carrying out housing management function has complained of conduct that has caused a nuisance or behaviour that is likely to cause a nuisance but has failed to provide any witness statement or evidence which identifies them as making such complaints, then you can argue that the Landlord has failed to prove his case.

Or

c) You can argue that the conduct that you engaged in was reasonable and cannot be considered a nuisance or an annoyance.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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.

How It Works

Full Defence

Possible Dispute 3

Possible Dispute of claim that the tenant: has been convicted of using the property or allowing it to be used for illegal or immoral purposes

1 – What does this mean?

Explanation

a) If the landlord’s claim relating to the existence of conviction is wrong, the tenant can dispute that has never been convicted of using the property or allowing it to be used for illegal or immoral purposes.

2 – Evidence

Evidence Required

Evidence of no such previous convictions, which could be attained from the relevant Police Authority or other relevant authorities.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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.

How It Works

Full Defence

Possible Dispute 4

Possible Dispute of claim that the tenant: has been convicted of an indictable (serious offence) committed in the locality of the property

1 – What does this mean?

Explanation

The are three possible sub-disputes to this part of the Ground:

a) If the tenant has never been convicted of any offence – If the landlord’s claim relating to the existence of any conviction is wrong, the tenant can dispute that has never been convicted of an offence

Or

b) If the tenant has never been convicted of an offence but it was not an indictable offence – If the landlord’s claim relating to the existence of conviction for an indictable offence is wrong, the tenant can dispute that has never been convicted of an indictable offence

Or

c) If the tenant has convicted of an indictable offence but was not committed in the locality of the property – If the landlord’s claim relating to the the fact that indictable offence was committed in the locality but it can be demonstrated that it was NOT committed in the locality, then the tenant can dispute the claim that it was ‘committed in the locality’.

Meaning of locality: The surrounding area, neighbourhood and community in which the property is located.

2 – Evidence

Evidence Required

a) Evidence of no such previous convictions, which could be attained from the relevant Police Authority or other relevant authorities.

Or

b) Evidence that the an indictable offence has been committed but NOT in the locality.


Meaning of locality: The surrounding area, neighbourhood and community in which the property is located.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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
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Possible Outcomes of advancing a full dispute

Below are some of the most common outcomes following a full dispute being made by Defendants in possession hearings (the tenants)

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 teh 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 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‘?

The Court will direct case management directions which puts into motion the process leading upto a trial of the claim. For example:

a) An order for the Defendant to File a full defence

b) An order for the Defendant and Claimant to exchange Evidence

c) To set a trial date

d) ….. other orders as may be appropriate in the lead up to a trial of the claim

What happens if the court does NOT accept my dispute within the hearing and does NOT find that the the claim is ‘genuinely disputed on grounds which appear to be substantial‘

a) The Court could then hear arguments relating to whether it would be ‘reasonable’ to grant possession even if the landlord was able to prove the ground and the tenant’s full dispute to the claim was unsuccessful

or

b) If the tenant does not advance arguments relating to whether it would be ‘reasonable’ to grant possession, the court would then make its own finding on reasonableness and then either

i. Grant Possession to the landlord (the Claimant) if it finds it reasonable to grant possession

or

ii. Dismiss the possession claim and find in favour of the tenant retaining possession of the property

or

iii. The court can make other orders that might be suitable to the circumstance of the case which do not involve immediately granting possession. to the landlord, for example: Adjournment of the proceedings with or without conditions and suspended possession orders.