Defences
Tenant Shield
Disputing the Ground
Disputing Ground S.84A Housing Act 1985
Please follow the steps below for more information relating to ‘disputing the ground’
Section 84A
Disputing Section 84A
What does the Ground Say?
Section 84A – Explanation
The landlord can issue a claim for possession under this Ground if:
At least one of the following conditions must be met:
Condition 1: Conviction for a Serious Offence
This applies if:
a) The tenant (the person renting the property)
or
b) A person residing in (someone living in the property)
or
c) A person visiting the dwelling-house (a guest)
has been convicted (found guilty by a court) of a serious offence (an offence listed in Schedule 2A of the Housing Act 1985).
and
The offence must have been committed in one of the following locations:
a) ‘In, or in the locality of, the dwelling-house’ (inside the property or in the surrounding neighbourhood)
or
b) ‘Elsewhere, against a person with a right to reside in or occupy housing accommodation in the locality of the dwelling-house’ (committed somewhere else but against a person who lives in or has the right to live in the area).
or
c) ‘Elsewhere, against the landlord or a person employed in connection with the exercise of the landlord’s housing management functions, and directly or indirectly related to or affected those functions’ (committed anywhere but against the landlord or housing staff while they were performing their housing-related duties).
Condition 2: Breach of an Injunction Under Section 1 of the Anti-social Behaviour, Crime and Policing Act 2014
This applies if a court has ruled in relevant court proceedings that:
a) The tenant, a resident, or a visitor breached (failed to follow) an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (a court order requiring a person to stop engaging in anti-social behaviour).
and
b) The breach must have taken place:
i. ‘In, or in the locality of, the dwelling-house’ (inside the property or the surrounding area)
or
ii. ‘Elsewhere, if the injunction was meant to prevent conduct causing nuisance or annoyance to persons in the locality or affecting the landlord’s housing management functions’ (breached in another location but still caused harm to neighbours or interfered with the landlord’s housing duties).
Condition 3: Breach of a Criminal Behaviour Order (CBO) Under Section 30 of the Anti-social Behaviour, Crime and Policing Act 2014
This applies if the tenant, a resident, or a visitor:
a) Has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 – breaching a Criminal Behaviour Order (CBO)).
and
b) The breach must have involved:
i. ‘A breach that occurred in, or in the locality of, the dwelling-house’ (inside or near the property)
or
ii. ‘A breach that occurred elsewhere but involved harassment, alarm, or distress to a person in the locality or the landlord’s housing management functions’ (committed elsewhere but still negatively affected people in the area or disrupted housing services).
Condition 4: Closure Order Under Section 80 of the Anti-social Behaviour, Crime and Policing Act 2014
This applies if:
a)The dwelling-house (the property being rented) was subject to a closure order under section 80 (a legal order closing a property due to serious nuisance, disorder, or criminal activity).
and
b) Access was prohibited for a continuous period of more than 48 hours (residents or visitors were not allowed to enter for at least two days).
Condition 5: Conviction for a Noise Nuisance Offence
This applies if the tenant, a resident, or a visitor has been convicted of breaching environmental laws on noise nuisance. Specifically, they must have been convicted under:
a) Section 80(4) of the Environmental Protection Act 1990 (failing to comply with a Noise Abatement Notice),
or
b) Section 82(8) of the Environmental Protection Act 1990 (failing to comply with a court order requiring abatement of a statutory nuisance).
and
The nuisance must have involved:
‘Noise emitted from the dwelling-house which was a statutory nuisance’ (excessive noise coming from the property that was legally classified as harmful to health or a nuisance).
Exceptions to all Conditions under this Ground:
The Ground for possession does not apply if:
a) An appeal against the conviction, finding, or order is still pending (if the tenant is still challenging the court decision).
b) An appeal against the conviction, finding, or order was successful, and the conviction, finding, or order has been overturned.
How It Works
Full Defence
Disputing Condition 1
Disputing the allegation of: the tenant has been convicted of an indictable (serious offence)
1 – What does this mean?
Explanation
If the landlord’s claim relating to the existence of any conviction for an indictable offence (serious offence) is wrong, the tenant can dispute that has never been convicted of an indictable offence (serious offence)
2 – Evidence
Evidence Required
OR
B) Evidence that a conviction exists but it was NOT for an indictable offence.
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 allegation that: The tenant or a person living at the property has been convicted of an indictable offence, but the offence was not committed at the scene of a riot.
1 – What does this mean?
Explanation
2 – Evidence
Evidence Required
Or
b) That there was 12 or more people at the scene, but such 12 or more people were not engaged in rioting because the 12 or more people at the scene did NOT use or threaten unlawful violence for a common purpose, and their actions did NOT cause someone to fear for their personal safety.
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 3
Disputing the allegation that the individual who had been convicted of an indictable offence at the scene of a riot is not a person that continues to live there and the remaining person(s) residing at the property are legal tenants.
1 – What does this mean?
Explanation
2 – Evidence
Evidence Required
b) Evidence that no household contributions are being made by the individual who was convicted of an indictable offence at the scene of a riot.
c) Evidence that the individual who was convicted of an indictable offence at the scene of a riot has only resided in the property temporarily and no longer lives at the propert, if this was the case.
d) Evidence from neighbours that the individual who was convicted of an indictable offence at the scene of a riot no longer lives at the property, or has never permanently lived at the property.
e) If you have no such evidence above mentioned in (a) to (d), you need to demonstrate to the court that the Landlord has failed to prove his claim that the individual who was convicted of an indictable offence at the scene of a riot currently resides at the property, for example because he has provided outdated evidence such as a CCTV recording from a a few months ago. As such the landlord’s evidence is weak and cannot demonstrate conclusively that the perpetrator currently resides at the property.
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.
Tenant Shield
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