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Can This Ground Be Disputed?
Ground 10 Rent Arrears
1
Possible Dispute 1
"No rent was due when the notice was served"
1. Explanation
The tenant may have paid off all arrears before the landlord issued the notice. In some cases, the notice is issued due to a misunderstanding or delay in processing payments.
2. Evidence
a) Rent account or transaction statements
b) Bank transfer receipts or payment confirmation
c) Emails or texts confirming cleared balance
3. Advancing your Defence
1
Possible Dispute 1
"No rent was due when the notice was served"
1. Explanation
The tenant may have paid off all arrears before the landlord issued the notice. In some cases, the notice is issued due to a misunderstanding or delay in processing payments.
2. Evidence
a) Rent account or transaction statements
b) Bank transfer receipts or payment confirmation
c) Emails or texts confirming cleared balance
3. Advancing your Defence
1
Possible Dispute 1
"No rent was due when the notice was served"
1. Explanation
The tenant may have paid off all arrears before the landlord issued the notice. In some cases, the notice is issued due to a misunderstanding or delay in processing payments.
2. Evidence
a) Rent account or transaction statements
b) Bank transfer receipts or payment confirmation
c) Emails or texts confirming cleared balance
3. Advancing your Defence
2
Possible Dispute 2
"No rent was due when possession proceedings were issued"
1. Explanation
Even if there were arrears at the time of the notice, the tenant may have cleared the debt before the landlord issued the court claim, meaning the ground is no longer made out.
2. Evidence
a) Updated rent statements up to claim date
b) Receipts or proof of cleared arrears
c) Correspondence acknowledging settlement
3. Advancing your Defence
2
Possible Dispute 2
"No rent was due when possession proceedings were issued"
1. Explanation
Even if there were arrears at the time of the notice, the tenant may have cleared the debt before the landlord issued the court claim, meaning the ground is no longer made out.
2. Evidence
a) Updated rent statements up to claim date
b) Receipts or proof of cleared arrears
c) Correspondence acknowledging settlement
3. Advancing your Defence
2
Possible Dispute 2
"No rent was due when possession proceedings were issued"
1. Explanation
Even if there were arrears at the time of the notice, the tenant may have cleared the debt before the landlord issued the court claim, meaning the ground is no longer made out.
2. Evidence
a) Updated rent statements up to claim date
b) Receipts or proof of cleared arrears
c) Correspondence acknowledging settlement
3. Advancing your Defence
3
Possible Dispute 3
"Arrears were due from a previous tenant or under a former tenancy"
1. Explanation
Ground 10 only applies to arrears under the existing tenancy and against the current tenant. If the arrears arose under a previous tenancy or another person’s name, this ground fails.
2. Evidence
a) Copies of prior tenancy agreements
b) Succession or assignment documentation
c) Landlord’s rent breakdown by tenancy term
3. Advancing your Defence
3
Possible Dispute 3
"Arrears were due from a previous tenant or under a former tenancy"
1. Explanation
Ground 10 only applies to arrears under the existing tenancy and against the current tenant. If the arrears arose under a previous tenancy or another person’s name, this ground fails.
2. Evidence
a) Copies of prior tenancy agreements
b) Succession or assignment documentation
c) Landlord’s rent breakdown by tenancy term
3. Advancing your Defence
3
Possible Dispute 3
"Arrears were due from a previous tenant or under a former tenancy"
1. Explanation
Ground 10 only applies to arrears under the existing tenancy and against the current tenant. If the arrears arose under a previous tenancy or another person’s name, this ground fails.
2. Evidence
a) Copies of prior tenancy agreements
b) Succession or assignment documentation
c) Landlord’s rent breakdown by tenancy term
3. Advancing your Defence
4
Possible Dispute 4
"Charges claimed as arrears are not lawfully rent"
1. Explanation
Some landlords include service or utility charges as rent, but unless the tenancy agreement explicitly defines them as part of the rent, they cannot be relied on under this ground.
2. Evidence
a) Full tenancy agreement including rent clause
b) Utility or service charge invoices
c) Legal or housing advice clarifying charge status
3. Advancing your Defence
4
Possible Dispute 4
"Charges claimed as arrears are not lawfully rent"
1. Explanation
Some landlords include service or utility charges as rent, but unless the tenancy agreement explicitly defines them as part of the rent, they cannot be relied on under this ground.
2. Evidence
a) Full tenancy agreement including rent clause
b) Utility or service charge invoices
c) Legal or housing advice clarifying charge status
3. Advancing your Defence
4
Possible Dispute 4
"Charges claimed as arrears are not lawfully rent"
1. Explanation
Some landlords include service or utility charges as rent, but unless the tenancy agreement explicitly defines them as part of the rent, they cannot be relied on under this ground.
2. Evidence
a) Full tenancy agreement including rent clause
b) Utility or service charge invoices
c) Legal or housing advice clarifying charge status
3. Advancing your Defence
5
Possible Dispute 5
"Rent payments have not been correctly recorded by the landlord"
1. Explanation
Payment records may be incorrect, especially if the tenant pays in cash or housing benefit is paid directly to the landlord. Misallocated or delayed entries could wrongly show arrears.
2. Evidence
a) Tenant’s payment history and bank records
b) Receipts or housing benefit award notices
c) Previous disputes over rent account errors
3. Advancing your Defence
5
Possible Dispute 5
"Rent payments have not been correctly recorded by the landlord"
1. Explanation
Payment records may be incorrect, especially if the tenant pays in cash or housing benefit is paid directly to the landlord. Misallocated or delayed entries could wrongly show arrears.
2. Evidence
a) Tenant’s payment history and bank records
b) Receipts or housing benefit award notices
c) Previous disputes over rent account errors
3. Advancing your Defence
5
Possible Dispute 5
"Rent payments have not been correctly recorded by the landlord"
1. Explanation
Payment records may be incorrect, especially if the tenant pays in cash or housing benefit is paid directly to the landlord. Misallocated or delayed entries could wrongly show arrears.
2. Evidence
a) Tenant’s payment history and bank records
b) Receipts or housing benefit award notices
c) Previous disputes over rent account errors
3. Advancing your Defence
6
Possible Dispute 6
"Arrears arose from delays in housing benefit or universal credit"
1. Explanation
Where arrears result from unavoidable delays in benefits processing, courts may consider the tenant blameless, particularly if prompt action was taken to resolve the issue.
2. Evidence
a) DWP or local authority correspondence
b) Universal Credit or Housing Benefit timeline
c) Evidence of engagement to resolve delay
3. Advancing your Defence
6
Possible Dispute 6
"Arrears arose from delays in housing benefit or universal credit"
1. Explanation
Where arrears result from unavoidable delays in benefits processing, courts may consider the tenant blameless, particularly if prompt action was taken to resolve the issue.
2. Evidence
a) DWP or local authority correspondence
b) Universal Credit or Housing Benefit timeline
c) Evidence of engagement to resolve delay
3. Advancing your Defence
6
Possible Dispute 6
"Arrears arose from delays in housing benefit or universal credit"
1. Explanation
Where arrears result from unavoidable delays in benefits processing, courts may consider the tenant blameless, particularly if prompt action was taken to resolve the issue.
2. Evidence
a) DWP or local authority correspondence
b) Universal Credit or Housing Benefit timeline
c) Evidence of engagement to resolve delay
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.