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Can This Ground Be Disputed?
Ground 11 Persistent Delay in Paying Rent
1
Possible Dispute 1
"The rent was not persistently delayed"
1. Explanation
The tenant may argue that any late payments were infrequent or caused by unusual events, not part of a consistent pattern.
2. Evidence
a) Bank statements or rent account showing overall payment consistency
b) Explanation for any missed or late payments
c) Confirmation from the landlord of payments received in full
3. Advancing your Defence
1
Possible Dispute 1
"The rent was not persistently delayed"
1. Explanation
The tenant may argue that any late payments were infrequent or caused by unusual events, not part of a consistent pattern.
2. Evidence
a) Bank statements or rent account showing overall payment consistency
b) Explanation for any missed or late payments
c) Confirmation from the landlord of payments received in full
3. Advancing your Defence
1
Possible Dispute 1
"The rent was not persistently delayed"
1. Explanation
The tenant may argue that any late payments were infrequent or caused by unusual events, not part of a consistent pattern.
2. Evidence
a) Bank statements or rent account showing overall payment consistency
b) Explanation for any missed or late payments
c) Confirmation from the landlord of payments received in full
3. Advancing your Defence
2
Possible Dispute 2
"Delays were caused by external factors beyond the tenant’s control"
1. Explanation
The tenant may argue that delays were due to benefit processing delays, payroll issues, or temporary hardship, and not reflective of unwillingness to pay.
2. Evidence
a) Benefit decision letters or appeal documents
b) Employer correspondence
c) Budgeting or debt advice records
3. Advancing your Defence
2
Possible Dispute 2
"Delays were caused by external factors beyond the tenant’s control"
1. Explanation
The tenant may argue that delays were due to benefit processing delays, payroll issues, or temporary hardship, and not reflective of unwillingness to pay.
2. Evidence
a) Benefit decision letters or appeal documents
b) Employer correspondence
c) Budgeting or debt advice records
3. Advancing your Defence
2
Possible Dispute 2
"Delays were caused by external factors beyond the tenant’s control"
1. Explanation
The tenant may argue that delays were due to benefit processing delays, payroll issues, or temporary hardship, and not reflective of unwillingness to pay.
2. Evidence
a) Benefit decision letters or appeal documents
b) Employer correspondence
c) Budgeting or debt advice records
3. Advancing your Defence
3
Possible Dispute 3
"The tenant has improved payment behaviour"
1. Explanation
The tenant may show that while there were past issues, they have consistently paid on time in recent months, indicating resolution of the problem.
2. Evidence
a) Recent rent payment records
b) Direct debit mandates or payment plans in place
c) Landlord or support worker statements
3. Advancing your Defence
3
Possible Dispute 3
"The tenant has improved payment behaviour"
1. Explanation
The tenant may show that while there were past issues, they have consistently paid on time in recent months, indicating resolution of the problem.
2. Evidence
a) Recent rent payment records
b) Direct debit mandates or payment plans in place
c) Landlord or support worker statements
3. Advancing your Defence
3
Possible Dispute 3
"The tenant has improved payment behaviour"
1. Explanation
The tenant may show that while there were past issues, they have consistently paid on time in recent months, indicating resolution of the problem.
2. Evidence
a) Recent rent payment records
b) Direct debit mandates or payment plans in place
c) Landlord or support worker statements
3. Advancing your Defence
4
Possible Dispute 4
"The delay has not caused material harm to the landlord"
1. Explanation
The tenant may argue that despite late payments, the landlord was not financially impacted or put at risk (e.g. mortgage payments were still covered).
2. Evidence
a) Landlord’s financial statement (if relied on)
b) Correspondence showing lack of concern until claim initiated
c) Evidence that landlord accepted late payments without issue
3. Advancing your Defence
4
Possible Dispute 4
"The delay has not caused material harm to the landlord"
1. Explanation
The tenant may argue that despite late payments, the landlord was not financially impacted or put at risk (e.g. mortgage payments were still covered).
2. Evidence
a) Landlord’s financial statement (if relied on)
b) Correspondence showing lack of concern until claim initiated
c) Evidence that landlord accepted late payments without issue
3. Advancing your Defence
4
Possible Dispute 4
"The delay has not caused material harm to the landlord"
1. Explanation
The tenant may argue that despite late payments, the landlord was not financially impacted or put at risk (e.g. mortgage payments were still covered).
2. Evidence
a) Landlord’s financial statement (if relied on)
b) Correspondence showing lack of concern until claim initiated
c) Evidence that landlord accepted late payments without issue
3. Advancing your Defence
5
Possible Dispute 5
"The tenancy agreement does not specify a strict payment date"
1. Explanation
Where the agreement lacks clarity on due dates, it may be disputed whether payments were actually “late.”
2. Evidence
a) Copy of tenancy agreement
b) History of rent payments and informal practice or acceptance
3. Advancing your Defence
5
Possible Dispute 5
"The tenancy agreement does not specify a strict payment date"
1. Explanation
Where the agreement lacks clarity on due dates, it may be disputed whether payments were actually “late.”
2. Evidence
a) Copy of tenancy agreement
b) History of rent payments and informal practice or acceptance
3. Advancing your Defence
5
Possible Dispute 5
"The tenancy agreement does not specify a strict payment date"
1. Explanation
Where the agreement lacks clarity on due dates, it may be disputed whether payments were actually “late.”
2. Evidence
a) Copy of tenancy agreement
b) History of rent payments and informal practice or acceptance
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.