Ground 1

Breach of Tenant's Obligations

Explanation

What is Ground 1 - Breach of Tenant's Obligations

a) The Ground can be claimed under if any amount of rea) The Ground can be claimed under if any of the tenant’s obligations in the tenancy agreement have been breached.

b) This Ground can be claimed alongside other Grounds, a breach of an obligation could trigger this ground and could also trigger another relevant Ground. For example, it might state in the tenancy agreement that the tenant must keep maintain the condition of the property, a breach of this requirement could trigger this Ground: Breach of an obligation of the tenancy and could also simultaneously trigger, Ground 3 which is a ground specific to the tenant’s failure to keep the property in a good condition.

c) The Defence such a breach can be advanced as a defence to both triggered grounds, so there is no separate type of format of Defence in relation to each independent triggered ground as they are founded upon the same nature of facts.

d) There breach must have existed at the time when the notice was served.

Discretionary Ground – Has to be reasonable to grant possession
A discretionary ground means that even if the ground is proven, the court must still decide whether it is reasonable to grant possession based on the circumstances of the case.

Guide

What You Can Do

Follow this step-by-step guide

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2.

1

Check Notice Requirements

After Checking the Requirements

The Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

The Notice has been served and is valid

Proceed to Step 2.

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3.

2

Check the Claim form & Particulars of Claim Requirements

After Checking the Requirements

The requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

The requirements for the Claim form & particulars were followed

Proceed to Step 3.

3

Review the Pre-Court Action Requirements

After Checking the Requirements

The Pre-Court Action requirements were not followed

Then this must be outlined in the defence form or to the court.

The Pre-Court Action requirements were followed

Proceed to Step 4.

3

Review the Pre-Court Action Requirements

After Checking the Requirements

The Pre-Court Action requirements were not followed

Then this must be outlined in the defence form or to the court.

The Pre-Court Action requirements were followed

Proceed to Step 4.

4

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to Step 5.

4

Check if This Ground Can Be Disputed

After Checking the Requirements

The Ground can be disputed

Then this must be outlined in the defence form or to the court.

The Ground cannot be disputed

Proceed to Step 5.

5

Is it Reasonable to Grant Possession?

After Checking the Requirements

There are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

There are no factors relating to reasonableness

Proceed to Step 6.

5

Is it Reasonable to Grant Possession?

After Checking the Requirements

There are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

There are no factors relating to reasonableness

Proceed to Step 6.

6

Review Human Rights, The Equality Act & Public Law

After Reviewing

There are valid defences under Human Rights, Equality or Public Law

Then this must be outlined in the defence form or to the court.

There are no defences under Human Rights, Equality or Public Law

Proceed to the FAQ section below.

6

Review Human Rights, The Equality Act & Public Law

After Reviewing

There are valid defences under Human Rights, Equality or Public Law

Then this must be outlined in the defence form or to the court.

There are no defences under Human Rights, Equality or Public Law

Proceed to the FAQ section below.

FAQ

FAQ

FAQ

Frequently Asked Questions

What to do if Possession is Ordered?

Check the Type of Order

  • Outright Order: You must leave by the date (usually 14 days).

  • Suspended/Postponed: You can stay if you meet the conditions (e.g. pay arrears).

  1. Ask for More Time

    • Apply for up to 6 weeks if eviction would cause exceptional hardship.

    • Ask at court or apply within 14 days.

  2. Challenge the Order

    • Appeal if there was a legal mistake.

    • Set aside if you missed the hearing and had a good reason.

  3. Suspend the Eviction Warrant

    • If a bailiff’s warrant is issued, apply to suspend it using Form N244.

    • Show you’ve resolved the issue or need more time.

  4. Get Homelessness Help

    • Apply to the council as homeless before eviction.

    • They must help if you're eligible.

What to do if Possession is Ordered?

What to do if Possession is Ordered?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to include the challenges of Multiple Different challenges from above in the Defence form?

How to make my arguments relating to the challenges I identified, at Court?

How to make my arguments relating to the challenges I identified, at Court?

How to make my arguments relating to the challenges I identified, at Court?

Can Possession be Delayed?

Can Possession be Delayed?

Can Possession be Delayed?

Where can I get extra support?

Where can I get extra support?

Where can I get extra support?

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.

Achieve effective, efficient and actionable legal support with TenantShield.

Achieve efficient support by using

our Step-by-Step Legal Guides and AI Assistant.