Defences
Disputing the Ground
Disputing Ground 6
Please follow the steps below for more information relating to ‘disputing the ground’
Ground 6
Disputing Ground 6
What does the Ground Say?
Ground 6 – Explanation
The landlord can issue a claim for possession under this Ground if:
a) the tenancy was assigned to:
i) a new tenant
or
ii) a family member who used to be the tenant, as part of a mutual exchange
and
b) premium (a sum of money or other financial incentive) was paid in connection with the exchange
Important Note:
If a family member was assigned the tenancy, they must still be living in the property with the current tenant. Ground 6 cannot be used if the family member permanently moves out before the landlord starts possession proceedings.
Breakdown of Ground:
Scenario 1: Direct Assignment (Ground 6 Applies)
Tenant A (Original Tenant) swaps homes with Tenant B in a mutual exchange.
Tenant B is now living in Tenant A’s old home.
Tenant B paid Tenant A money (a premium) for the swap—which is not allowed.
Because a premium was paid, the landlord can seek possession under Ground 6.
Scenario 2: Assignment to a Family Member (Ground 6 Applies)
Tenant A (Original Tenant) swaps homes with Tenant B through a mutual exchange.
But instead of Tenant B moving in directly, Tenant B’s family member (e.g., B’s son or brother) is assigned the tenancy instead.
Tenant B’s family member must still be living in the property with the new tenant (Tenant B).
If a premium was paid, the landlord can seek possession under Ground 6.
Scenario 3: Family Member Moves Out (Ground 6 No Longer Applies)
If the family member assigned the tenancy moves out, Ground 6 cannot be used to evict the tenant anymore.
This means that if the landlord wants possession, they must rely on a different legal 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
Denying that any payment was made to/from or any financial transaction was made between the original tenant and the assignee
1 – What does this mean?
Explanation
The tenant can argue that here has never been a payment or any transfer of value between the orginal tenatn adn teh assignee.
2 – Evidence
Evidence Required
b) Correspondence between the original tenant and the assignee- Emails, WhatsApps etc…
3 – Advancing Defence
Outline in Defence Form
or at Court
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
Even though, a payment or financial transaction had taken place between the original tenant and teh 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 – What does this mean?
Explanation
2 – Evidence
Evidence Required
b) Evidence of the what was provided in return for any payment made between both individuals
3 – Advancing Defence
Outline in Defence Form
or at Court
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
Find Your Question Here
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.