Step 3
Step 3
Step 3
Can This Ground Be Disputed?
Ground 1 Owner Occupier
1
Possible Dispute 1
"The landlord lived in the property before the tenancy began"
1. Explanation
The landlord never lived in the property as their only or principal home. The landlord may have owned the property, but used it only as a second home, an investment property, or let it out continuously without residing in it themselves.
2. Evidence
a) Council tax bills, utility records, or bank statements linked to another address.
b) Historic tenancy agreements showing continuous letting to other tenants.
c) Witness statements (e.g. neighbours) confirming the landlord was not residing there.
3. Advancing your Defence
1
Possible Dispute 1
"The landlord lived in the property before the tenancy began"
1. Explanation
The landlord never lived in the property as their only or principal home. The landlord may have owned the property, but used it only as a second home, an investment property, or let it out continuously without residing in it themselves.
2. Evidence
a) Council tax bills, utility records, or bank statements linked to another address.
b) Historic tenancy agreements showing continuous letting to other tenants.
c) Witness statements (e.g. neighbours) confirming the landlord was not residing there.
3. Advancing your Defence
1
Possible Dispute 1
"The landlord lived in the property before the tenancy began"
1. Explanation
The landlord never lived in the property as their only or principal home. The landlord may have owned the property, but used it only as a second home, an investment property, or let it out continuously without residing in it themselves.
2. Evidence
a) Council tax bills, utility records, or bank statements linked to another address.
b) Historic tenancy agreements showing continuous letting to other tenants.
c) Witness statements (e.g. neighbours) confirming the landlord was not residing there.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord now requires the property as their only/principal home"
1. Explanation
The landlord does not genuinely intend to live in the property as their principal home. They may be seeking possession for another reason (e.g., sale or re-letting), or may already have suitable accommodation elsewhere.
2. Evidence
a) Evidence of current residence elsewhere (e.g. mortgage records, tenancy agreements).
b) Lack of preparations to move (e.g. no change of address notifications, no plans to vacate current property).
c) Contradictory behaviour (advertising the property for sale or let).
3. Advancing your Defence
2
Possible Dispute 2
"The landlord now requires the property as their only/principal home"
1. Explanation
The landlord does not genuinely intend to live in the property as their principal home. They may be seeking possession for another reason (e.g., sale or re-letting), or may already have suitable accommodation elsewhere.
2. Evidence
a) Evidence of current residence elsewhere (e.g. mortgage records, tenancy agreements).
b) Lack of preparations to move (e.g. no change of address notifications, no plans to vacate current property).
c) Contradictory behaviour (advertising the property for sale or let).
3. Advancing your Defence
2
Possible Dispute 2
"The landlord now requires the property as their only/principal home"
1. Explanation
The landlord does not genuinely intend to live in the property as their principal home. They may be seeking possession for another reason (e.g., sale or re-letting), or may already have suitable accommodation elsewhere.
2. Evidence
a) Evidence of current residence elsewhere (e.g. mortgage records, tenancy agreements).
b) Lack of preparations to move (e.g. no change of address notifications, no plans to vacate current property).
c) Contradictory behaviour (advertising the property for sale or let).
3. Advancing your Defence
3
Possible Dispute 3
"Landlord must not have purchased the property during the tenancy"
1. Explanation
The landlord acquired the property after the tenancy began, so Ground 1 cannot apply.
2. Evidence
a) Land Registry or title deed showing the date of purchase.
b) Copy of tenancy agreement showing the tenancy start date.
3. Advancing your Defence
3
Possible Dispute 3
"Landlord must not have purchased the property during the tenancy"
1. Explanation
The landlord acquired the property after the tenancy began, so Ground 1 cannot apply.
2. Evidence
a) Land Registry or title deed showing the date of purchase.
b) Copy of tenancy agreement showing the tenancy start date.
3. Advancing your Defence
3
Possible Dispute 3
"Landlord must not have purchased the property during the tenancy"
1. Explanation
The landlord acquired the property after the tenancy began, so Ground 1 cannot apply.
2. Evidence
a) Land Registry or title deed showing the date of purchase.
b) Copy of tenancy agreement showing the tenancy start date.
3. Advancing your Defence
4
Possible Dispute 4
"The tenant was never properly informed before the tenancy started that landlord might use this ground"
1. Explanation
The landlord must have told the tenant before the tenancy began—in writing—that they might seek possession using Ground 1. The court has discretion to waive the written notice if the tenant clearly understood this possibility through other means.
2. Evidence
a) Absence of such a clause in the tenancy agreement.
b) Tenant’s statement and oral testimony denying being informed.
C) Lack of any written or verbal communication from the landlord.
3. Advancing your Defence
4
Possible Dispute 4
"The tenant was never properly informed before the tenancy started that landlord might use this ground"
1. Explanation
The landlord must have told the tenant before the tenancy began—in writing—that they might seek possession using Ground 1. The court has discretion to waive the written notice if the tenant clearly understood this possibility through other means.
2. Evidence
a) Absence of such a clause in the tenancy agreement.
b) Tenant’s statement and oral testimony denying being informed.
C) Lack of any written or verbal communication from the landlord.
3. Advancing your Defence
4
Possible Dispute 4
"The tenant was never properly informed before the tenancy started that landlord might use this ground"
1. Explanation
The landlord must have told the tenant before the tenancy began—in writing—that they might seek possession using Ground 1. The court has discretion to waive the written notice if the tenant clearly understood this possibility through other means.
2. Evidence
a) Absence of such a clause in the tenancy agreement.
b) Tenant’s statement and oral testimony denying being informed.
C) Lack of any written or verbal communication from the landlord.
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
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.