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