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Unreasonable to order possession

Please follow the steps below for more information relating to the defence of ‘unreasonableness’

Ground 1

Unreasonableness

What does the Ground Say?

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Ground 1 (Rent Arrears) – Explanation

a) The Ground can be claimed under if any amount of rent has not been paid by the tenant.

b) There must be rent due at both the date of the notice and the date of the hearing

c) Service charges can be held as being part of the rent if it states so in the relevant tenancy agreement.

Potential factors which the court might consider when determining whether it would be reasonable to grant possession even if the Ground is proved by the landlord

DISCLAIMER: Below are some examples of factors commonly raised at Court, however, this factors below are just some example, and are non-exhaustive. The Court may consider a wide and unlimited variety of factors.

How It Works

Unreasonableness

Common Factor relating to Reasonableness (1)

Delay in Receiving Universal Credit or Housing Benefits

1- What does this mean?

Explanation

If the amount of arrears is attributable to the delay in benefits or universal credit payment, which you ordinarily allocate towards your rent, it may be unreasonable to grant possession. This is factor is amplified if the amount of arrears is also low in proportion to the monthly rent and the frequency by which payment have been properly paid by you in full and on time. However, you will have to outline how this will be solved and that you will resume your payments as normal once the issue is resolved.

2- Evidence

Evidence Required

a) Proof of the tenant’s entitlement to Universal Credit or Housing Benefit.

b) Proof that there has been a delay – this can be evidenced through bank statements demonstrating that you have not received your due payment on time, or from your universal credit or housing benefits online account. Alternatively, it can be evidenced by an email from the DWP confirming the delay and the issue.

c) Proof that the delay in the Universal Credit or housing benefit was the direct cause of the inability to pay the rent in full and on time.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (2)

Benefits application in process or Benefits Application will be made – with intention to solve

1- What does this mean?

Explanation

If you can prove that you are entitled to Universal Credit or Housing Benefits, and that your application is currently in process, or that you will submit an application promptly, it may be unreasonable to grant possession. This is dependent on the amount of arrears, the amount weeks/months you failed to make payments and your correspondence and engagement with the Local Authority in explaining this matter to them

2- Evidence

Evidence Required

a) Proof that you meet all the requirements for entitlement to Universal Credit or Housing Benefits.

b) Proof that your application is in process if it is.

c) Evidence as to the circumstances which led you to being in a position to apply for Universal Credit or Housing Benefits.

d) Proof of correspondence with the local authority relating to you notifying them of your entitlement to Universal Credit or Housing Benefit, and that you have told them that the application for Universal Credit or Housing Benefit is currently in process, if it is.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (3)

Discretionary Housing Payment Application made or, or will be made or positive decision received prior to the hearing

1- What does this mean?

Explanation

If you can prove that you are entitled to a Discretionary Housing Payment, and that your application is currently in process, or that you will submit an application promptly, or that you have received a positive decision prior to the hearing; it may be unreasonable to grant possession. This is dependent on: the amount of arrears; the amount you will potentially received or will receive from the Discretionary Housing Payment; the amount weeks/months you failed to make payments; and your correspondence and engagement with the Local Authority in explaining this matter to them.

2- Evidence

Evidence Required

a) Proof that your application for a Discretionary Housing Payment has been successful

b) Proof that your application for a Discretionary Housing Payment is in process

c) Proof that you meet all the requirements for entitlement to a Discretionary Housing Payment and that you will be making an application for a Discretionary Housing Payment

d) Evidence as to the circumstances which led you to being in a position to apply for a Discretionary Housing Payment.

e) Proof of correspondence with the local authority relating to you notifying them of your entitlement to a Discretionary housing Payment and that you have told them that the application for a Discretionary Housing Payment is currently in process, if it is.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (4)

Unexpected and unavoidable hardship (financial or health), and tenant is offering a solution to the current situation and intention to repay in full or on an affordable repayment plan

1- What does this mean?

Explanation

If you can prove that you have experience unexpected and severe hardship which has affected your ability to make the rent payments it may be unreasonable to grant possession. Hardships can include, sudden and unexpected loss of employment, serious health issues leading to inability to work, or any other form of severe hardship that had a direct effect on your ability to make the rent payments. You will have to prove that that the severe hardship you suffered is the direct cause of your inability to pay,
Also, you will have to prove that the prior to experience such hardship you were making the rent payment in full and on time. You will also have to prove how you will be able to resolve the current situation, and how rent payments will be made properly moving forward, for example through an affordable and feasible repayment plan. Further, evidence of correspondence with the Local authority regarding the hardship you suffered will also be significant, if there is any evidence of such correspondence.

2- Evidence

Evidence Required

a) Evidence of the hardship suffered and the duration the hardship of suffered

b) Proof that the hardship directly caused the failure to pay rent

c) Proof that you were able to make payments prior to hardship suffered

d) Evidence demonstrating your
ability to properly make the rent payments moving forwards

e) Evidence of a proposed repayment plan, if there is one

f) Evidence of correspondence with the local authority explaining the hardship suffered, if there is any such correspondence available.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (5)

Accumulation of unexpected debt, and the tenant is offering a solution to the current situation and intention to repay in full or on an affordable repayment plan

1- What does this mean?

Explanation

If you can prove that you have experienced a severe accumulation of debt which has affected your ability to make the rent payments it may be unreasonable to grant possession. You will have to prove that that the severe accumulation of debt s the direct cause of your inability to pay, Also, you will have to prove that the prior to accumulating such debt you were making the rent payment sin full and on time. You will also have to prove how you will be able to resolve the current situation, and how rent payments will be made properly moving forward, for example through an affordable and feasible repayment plan. Further, evidence of correspondence with the Local authority regarding the accumulation of debt you suffered will also be significant, if there is any evidence of such correspondence.

2- Evidence

Evidence Required

a) Evidence of the accumulation of debt the duration the hardship of suffered as a result of such debt

b) Proof that the accumulation of debt caused the failure to pay rent

c) Proof of correspondence with Debt Advice Agencies, if there is

d) Proof that you were able to make payments prior to the accumulation of the debt

e) Evidence demonstrating your ability to properly make the rent payments moving forwards

f) Evidence of a proposed repayment plan, if there is one

g) Evidence of correspondence with the local authority explaining the accumulation of debt if there is any such correspondence available.

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (6)

Insignificant amount of arrears, and the tenant demonstrates an intention to proceed and comply with a repayment plan, and that it is within the means of the tenant comply with such a repayment plan

1- What does this mean?

Explanation

If you can demonstrate that the amount of arrears is insignificant and that you appreciation that you have been unable to pay, and that you have demonstrable intention to proceed with a repayment plan, then it might be unreasonable to grant possession in these circumstances. The amount of arrears has to be insignificant in proportion to the monthly/weekly rent and the frequency with with which you have been previously making rent payment in full and on time. Finally, you have to demonstrate that you are willing to proceed with a repayment plan and that you are able to comply with such an agreement.

2- Evidence

Evidence Required

a) Evidence that the arrears are significant in proportion to the amount of monthly/weekly rent

b) Evidence that demonstrates your previous ability to pay and the frequency with which you have been making rent payment in full and on time

c) Evidence that demonstrate your ability to resolve the situation and to proceed with a repayment plan

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (7)

The tenant has proposed to proceed with repayment plan, but the landlord has not refused or has not been cooperative in relation to such a proposal

1- What does this mean?

Explanation

If the tenant has proposed a reasonable payment plan to make repayments of missed rental payment and the landlord has unreasonably been uncooperative in accepting such a proposal, then it might be unreasonable to grant possession in the circumstances. Such an argument is amplified if the amount of arrears is insignificant in proportion to the weekly/monthly repayments due, and if the repayment plan is affordable and feasible. Finally, this argument is also amplified if the tenant has made ordinarily been able to make the rent payments on time and in full, prior to the current inability.

2- Evidence

Evidence Required

a) Evidence that the tenant has proposed a reasonable payment plan to the local authority

b) Evidence that the local authority has unreasonably declined to engage and cooperate in proceeding with the tenant’s proposed reasonably payment plan

c) Evidence that the tenant is able to afford and comply with the payment plan

d) If applicable – Evidence that the arrears is insignificant in proportion the weekly/monthly repayments due.

e) Evidence that the tenant was previously able to make rent payment on time and in full, prior to this current inability

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (8)

The tenant is vulnerable and the local authority has treated them unfavourably and has been not assisted in an manner require higher degrees of cooperation in help. Also, the tenant has demonstrates an intention resolve issues relating to missed rent payments.

1- What does this mean?

Explanation

a) If the tenant is vulnerable by reason of: disability, age any other facor which designates the tenant as a vulnerable person;

and

b) the local authority has treated them in manner which does not equate with the high degree of care and support required by theme as a public body;

and

c) that the local authority instead of attempting to assist the vulnerable tenant resolve the arrears in a highly supporting manner decides to instigate possession proceedings against the tenant.

Then such series of actions above, might be considered as making it unreasonable to grant possession.

2- Evidence

Evidence Required

a) Evidence of circumstances which make the tenant vulnerable :age, health disability or other circumstances

b) The local authority is awareness of such vulnerabilities

c) The local authority’s lack of appreciation for such vulnerabilities

d) The local authority’s lack of investigation of the tenant’s circumstances

e) that had the vulnerable tenant had the care and support required to be provided to him by the council, he would have been able to resolve issues relating to non-payment.

f) That the tenant will cooperate with the local authority in resolving the issue relating to non-payment

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Unreasonableness

Common Factor relating to Reasonableness (9)

The Tenant will suffer extreme hardship if is evicted due to particular circumstances (for example, health, family, vulnerabilities). Also, the tenant has demonstrates an intention resolve issues relating to missed rent payments.

1- What does this mean?

Explanation

It might be unreasonable to grant possession, if the tenant will suffer inordinately extreme and severe hardship as a result of the eviction. Also, that such extreme and severe hardship arises out of circumstances particular to the tenant which are unavoidable. Finally, that the tenant will cooperate and engage with the local authority in creating a plan or strategy for addressing the arrears. Some examples which would make the tenant suffer extreme hardship if evicted could be:
a) Being made homeless while in a very vulnerable state
b) Being made homeless with children or people that need care
c) Being severely affected by health circumstances that render the tenant unable to withstand eviction
d) Other examples may be applicable

2- Evidence

Evidence Required

a) Evidence of circumstances which make the vulnerable tenant if evicted, unable to withstand the eviction

b) The local authority’s awareness of such impact

c) The local authority’s lack of appreciation for such impact

d) The local authority’s lack of investigation of the tenant’s circumstances

e) The tenant will engage and cooperate with the local authority in reaching an agreement as to how best to proceed with the circumstances he finds himself in

3 – Advancing Defence

Outline in Defence Form
or at Court

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, 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

Potential Orders the Court Can Make in response to a submission of unreasonableness

The Court can make a number of orders following a possession hearing, below are some of the most common orders the Court can make in this regard

1 – Adjournment Generally, with liberty to restore

Adjournment generally with liberty to restore means that the court will halt the proceedings for now, without making a final determination regarding the claim. After, the court has halted the proceedings without making any final orders, it would be for the Claimant to apply to the court in order to restore the proceedings for a final determination.

2 – Adjournment on Terms

Adjournment on terms means that the court will halt the proceedings on the basis of terms agreed between the parties. For example, it could be agreed the court will halt the proceedings on the basis that the tenant pay back £100 every month towards his arrears for 8 months, until he pays back the £800 in arrears. In this case, as long as the tenant complies with the order, the proceedings will be put on hold. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £100 on the second month of the agreement, then the Claimant would be entitled to restore the proceedings and request another hearing where the Court could consider making a final determination.

3 – Suspended Possession Order

A Suspended Possession order means that the court will order possession but suspend the Claimant’s abilitiy to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspenstion i.e. suspend the possession enforcement on the basis of terms agreed between the parties. For example, it could be agreed the court suspended the ability for the Claimant to commence possession enforcement on the basis that the tenant pay back £500 every month towards his arrears for 4 months, until he pays back the £2000 in arrears. In this case, as long as the tenant complies with the order, the Claimant will not be entitled to enforce possession agains tthe Claimant. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £500 on the second month of the agreement, then the Claimant would be entitled to make an application to the court (request from the court) to grant the Claimant a ‘Warrant’ for Eviction which could be used to enforce possession against the tenant.

4 – Dismissal of the Possession Claim (Finding in favour of the tenant)

This dismissal of the possession Claim means that the Court does not agree its reasonable to order possession against the Defendant, and the Court does not consider it necessary to place the tenant under terms with the potential of returning back to the court aa sanction which is impending should he fail to comply with any terms. It is the final determination of the matter in favour of the Defendant. Should the Claimant wish to make another claim for possession they will to restart the entire possession proceedings from the start i.e. sending a notice for possession, then issue a claim for possession, and so forth.

5 – Granting Possession to the Claimant (The Local Authority ) – Finding in favour of the Landlord

This granting of possession to the Claimant (The Landlord) means that the Court finds that the Landlord has proved the Grounds for Possession under which they have made the Claim. Also, that the Court finds it reasonable to grant possession i.e. the court considers that there are no circumstances present which would make it unreasonable for the court to grant the Claimant Possession. The Granting of possession is a final determination, which is only subject to judicial appeal if certain requirements are met in order to achieve an appeal hearing. Alternatively, once the Landlord is granted the possession, the Tenant may have one final avenue, which is to suspend the warrant of eviction when and if the Landlord decides to apply tot he court for a warrant to evict you subsequent to being granted the possession order by the court.