Step 5
Can This Ground Be Disputed?
Ground S.84
Disputes Relating to Condition 1
Disputes Relating to
Condition 1
Conviction for a Serious Offence
1
Possible Dispute 1
"The offence is not listed in Schedule 2A"
1. Explanation
The tenant may dispute that the offence in question does not fall within the statutory list of “serious offences”.
2. Evidence
Copy of the conviction and a copy of Schedule 2A.
3. Advancing your Defence
1
Possible Dispute 1
"The offence is not listed in Schedule 2A"
1. Explanation
The tenant may dispute that the offence in question does not fall within the statutory list of “serious offences”.
2. Evidence
Copy of the conviction and a copy of Schedule 2A.
3. Advancing your Defence
2
Possible Dispute 2
"The offence was not committed in the relevant location"
1. Explanation
The tenant might dispute that the offence did not occur in the locality of the property, or was not committed against a relevant person or in connection with the landlord’s housing functions.
2. Evidence
Court records of offence location, maps, victim’s connection to locality or housing role.
3. Advancing your Defence
2
Possible Dispute 2
"The offence was not committed in the relevant location"
1. Explanation
The tenant might dispute that the offence did not occur in the locality of the property, or was not committed against a relevant person or in connection with the landlord’s housing functions.
2. Evidence
Court records of offence location, maps, victim’s connection to locality or housing role.
3. Advancing your Defence
3
Possible Dispute 3
"The person convicted was not a tenant, resident, or visitor"
1. Explanation
The tenant could argue that the convicted person had no connection to the property and was neither a resident nor guest.
2. Evidence
Tenancy agreement, witness statements, police records or court transcripts identifying the offender.
3. Advancing your Defence
3
Possible Dispute 3
"The person convicted was not a tenant, resident, or visitor"
1. Explanation
The tenant could argue that the convicted person had no connection to the property and was neither a resident nor guest.
2. Evidence
Tenancy agreement, witness statements, police records or court transcripts identifying the offender.
3. Advancing your Defence
4
Possible Dispute 4
"An appeal is pending or was successful"
1. Explanation
The tenant can argue the ground does not apply because the conviction is under appeal or has been quashed.
2. Evidence
Appeal documents, court orders overturning the conviction or showing proceedings are ongoing.
3. Advancing your Defence
4
Possible Dispute 4
"An appeal is pending or was successful"
1. Explanation
The tenant can argue the ground does not apply because the conviction is under appeal or has been quashed.
2. Evidence
Appeal documents, court orders overturning the conviction or showing proceedings are ongoing.
3. Advancing your Defence
Disputes Relating to Condition 2
Disputes Relating to
Condition 2
Breach of Injunction (Anti-social Behaviour)
1
Possible Dispute 1
"No breach was found"
1. Explanation
The tenant may claim that no court actually found a breach of the injunction.
2. Evidence
Court order showing breach or lack thereof, injunction terms.
3. Advancing your Defence
1
Possible Dispute 1
"No breach was found"
1. Explanation
The tenant may claim that no court actually found a breach of the injunction.
2. Evidence
Court order showing breach or lack thereof, injunction terms.
3. Advancing your Defence
2
Possible Dispute 2
"An appeal is pending or was successful"
1. Explanation
The tenant may show that the injunction breach ruling is under appeal or was overturned.
2. Evidence
Appeal papers, court decision.
3. Advancing your Defence
2
Possible Dispute 2
"An appeal is pending or was successful"
1. Explanation
The tenant may show that the injunction breach ruling is under appeal or was overturned.
2. Evidence
Appeal papers, court decision.
3. Advancing your Defence
3
Possible Dispute 3
"Money due is for fees that are not part of the rent"
1. Explanation
You owe an amount of money to the landlord, but does not relate to the ‘rent’. For example, it could relate to the Service Charges or another property related fees but only if the tenancy agreement does consider such service charges or fees as part of the rent. If the tenancy agreement considers the services charges or other property related fess as being part of the rent, then this dispute/defence will NOT work
2. Evidence
You need to outline the amount of rent due per week or Month. You need to state that arrears claimed by the Landlord relate to fees or service charges that are not part of the ‘rent’, even if they relate to the property. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
3
Possible Dispute 3
"Money due is for fees that are not part of the rent"
1. Explanation
You owe an amount of money to the landlord, but does not relate to the ‘rent’. For example, it could relate to the Service Charges or another property related fees but only if the tenancy agreement does consider such service charges or fees as part of the rent. If the tenancy agreement considers the services charges or other property related fess as being part of the rent, then this dispute/defence will NOT work
2. Evidence
You need to outline the amount of rent due per week or Month. You need to state that arrears claimed by the Landlord relate to fees or service charges that are not part of the ‘rent’, even if they relate to the property. This can be evidenced through: Tenancy Agreement (to prove the amount of rent), the Bank Statements, Bank Transfers, Email or WhatsApp confirmations of receiving rent.
3. Advancing your Defence
Disputes Relating to Condition 3
Disputes Relating to
Condition 3
Breach of Criminal Behaviour Order (CBO)
1
Possible Dispute 1
"No conviction under Section 30 for breaching a CBO"
1. Explanation
The tenant could argue they were not convicted of breaching a CBO, or that the breach was not proven.
2. Evidence
Court records, DBS records register.
3. Advancing your Defence
1
Possible Dispute 1
"No conviction under Section 30 for breaching a CBO"
1. Explanation
The tenant could argue they were not convicted of breaching a CBO, or that the breach was not proven.
2. Evidence
Court records, DBS records register.
3. Advancing your Defence
Advancing your Defence
If the time limit for filing the defence has not passed
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
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
FAQ
Possible Outcomes of Advancing a Full Dispute
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 the 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 is the effect if the Court Accepts my dispute within the hearing?
What is the effect if the Court Accepts my dispute within the hearing?
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‘?
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‘?
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‘?
What happens if the court does NOT accept my dispute within the hearing and does NOT find that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does NOT accept my dispute within the hearing and does NOT find that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?
What happens if the court does NOT accept my dispute within the hearing and does NOT find that the claim is ‘genuinely disputed on grounds which appear to be substantial‘?
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Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.