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Disputing the Ground

Defences

Disputing Ground 5

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

Ground 5

Disputing Ground 5

What does the Ground Say?

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Ground 5- Explanation

The landlord can issue a claim for possession under this Ground if:

the tenancy was obtained by a false statement made by the tenant, or someone acting on the tenant’s behalf, which materially affected the landlord’s decision to grant the tenancy.


Note 1: This includes statements made recklessly i.e. providing information which you were not sure whether it is true or or without understanding the requirement relating to that particular piece of information, and that information turning out to be false.

Note 2: A failure to provide key information relating to your circumstances if they have changed could be classed as making a false statement. For example information relating to benefits entitlements or employment which could affect your tenancy.


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: the tenant has been convicted of an indictable (serious offence)

1 – What does this mean?

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

Evidence Required

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 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 Material Effect of false statement in granting the tenancy

1 – What does this mean?

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 Required

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 statments made that turned out to be false.

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.