Defences
Disputing the Ground
Disputing Ground 8
Please follow the steps below for more information relating to ‘disputing the ground’
Ground 8
Disputing Ground 8
What does the Ground Say?
Ground 8 – Explanation
This ground allows a landlord to seek possession of a decant property (temporary accommodation provided to a tenant while their principal accommodation undergoes repairs or redevelopment) once the works on the principal accommodation have been completed. The landlord can reclaim possession of the temporary decant property in order to return the tenant to their principal home.
The landlord can issue a claim for possession under this Ground if:
a) the tenant was a secure tenant of the principal dwelling-house at the time when he ceased to occupy it as his home and moved to the temporary home
and
b) the tenant was relocated to a temporary form of accommodation while the property in the principal accommodation under the tenancy was undergoing works and the tenant was aware of such accommodation being only temporary while the repair works were being completed in the principal accommodation
and
b) the works have been completed in the principal accommodation
Note: Possession claims under this ground is for possession of the temporary accommodation which was provided while the principal accommodation was undergoing works, the principal accommodation remains unaffected at this point.
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 Completion of Works in the decant property (the temporary form of accommodation provided to the tenant)
1 – What does this mean?
Explanation
2 – Evidence
Evidence Required
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 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 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 – What does this mean?
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
Evidence Required
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 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.