Defences
Disputing the Ground
Disputing Ground 7
Please follow the steps below for more information relating to ‘disputing the ground’
Ground 7
Disputing Ground 7
What does the Ground Say?
Ground 7 – Explanation
Ground 7 allows a landlord to seek possession of tied accommodation (housing provided as part of a job) if the tenant or someone living with them has behaved unreasonably.
Breakdown of this ground:
a) This ground applies in two tenancy situations:
i) The tenant is employed by the landlord, and the accommodation is linked to their job.
or
ii) The tenant inherited (succeeded to) the tenancy from a family member who was employed by the landlord, even though they themselves do not work for the landlord.
and
b) the property must either:
i) Be part of a building mainly used for non-residential purposes (e.g., a caretaker’s flat in a school or a manager’s flat above a shop)
or
ii) Be within the directly surrounding areas (“curtilage”) of a non-residential building (e.g., the area of land directly outside a school and is connected to it, for example because the share a common gate, driveway, entrances etc…)
and
c) the tenant or someone living with them has behaved unreasonably in relation to their occupation of the tenancy. For example, the tenant lives the property within school grounds, but has been found to throw an unauthorised party in the the school garden which is directly outside their property.
How It Works
Full Defence
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 – What does this mean?
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
Evidence Required
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 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
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 – What does this mean?
Explanation
2 – Evidence
Evidence Required
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.