Step 3
Step 3
Step 3
Can This Ground Be Disputed?
Ground 12 Breach of Tenancy Conditions
1
Possible Dispute 1
"The breach did not occur"
1. Explanation
The tenant may deny the alleged breach occurred or argue that it was misrepresented.
2. Evidence
a) Tenancy agreement showing the term
b) Photographs, witness statements, or inspection records
c) Communications between landlord and tenant about the alleged breach
3. Advancing your Defence
1
Possible Dispute 1
"The breach did not occur"
1. Explanation
The tenant may deny the alleged breach occurred or argue that it was misrepresented.
2. Evidence
a) Tenancy agreement showing the term
b) Photographs, witness statements, or inspection records
c) Communications between landlord and tenant about the alleged breach
3. Advancing your Defence
1
Possible Dispute 1
"The breach did not occur"
1. Explanation
The tenant may deny the alleged breach occurred or argue that it was misrepresented.
2. Evidence
a) Tenancy agreement showing the term
b) Photographs, witness statements, or inspection records
c) Communications between landlord and tenant about the alleged breach
3. Advancing your Defence
2
Possible Dispute 2
"The tenant did not understand the tenancy term"
1. Explanation
The tenant may argue they were unaware of the rule due to unclear language or lack of explanation.
2. Evidence
a) Copy of the tenancy agreement and any explanatory documents
b) Records of induction, onboarding, or written clarifications provided
c) Statements from tenant about what was explained and when
3. Advancing your Defence
2
Possible Dispute 2
"The tenant did not understand the tenancy term"
1. Explanation
The tenant may argue they were unaware of the rule due to unclear language or lack of explanation.
2. Evidence
a) Copy of the tenancy agreement and any explanatory documents
b) Records of induction, onboarding, or written clarifications provided
c) Statements from tenant about what was explained and when
3. Advancing your Defence
2
Possible Dispute 2
"The tenant did not understand the tenancy term"
1. Explanation
The tenant may argue they were unaware of the rule due to unclear language or lack of explanation.
2. Evidence
a) Copy of the tenancy agreement and any explanatory documents
b) Records of induction, onboarding, or written clarifications provided
c) Statements from tenant about what was explained and when
3. Advancing your Defence
3
Possible Dispute 3
"The breach has been remedied"
1. Explanation
The tenant may argue they resolved the issue promptly once notified (e.g., removed a pet or lodger).
2. Evidence
a) Confirmation of the remedial action (e.g., written statements, photos, landlord’s acknowledgment)
b) Timeline of events showing swift compliance
c) Communication logs between tenant and landlord
3. Advancing your Defence
3
Possible Dispute 3
"The breach has been remedied"
1. Explanation
The tenant may argue they resolved the issue promptly once notified (e.g., removed a pet or lodger).
2. Evidence
a) Confirmation of the remedial action (e.g., written statements, photos, landlord’s acknowledgment)
b) Timeline of events showing swift compliance
c) Communication logs between tenant and landlord
3. Advancing your Defence
3
Possible Dispute 3
"The breach has been remedied"
1. Explanation
The tenant may argue they resolved the issue promptly once notified (e.g., removed a pet or lodger).
2. Evidence
a) Confirmation of the remedial action (e.g., written statements, photos, landlord’s acknowledgment)
b) Timeline of events showing swift compliance
c) Communication logs between tenant and landlord
3. Advancing your Defence
4
Possible Dispute 4
"The breach was minor and caused no material impact"
1. Explanation
The tenant may argue the breach was technical or trivial and had no real consequences.
2. Evidence
a) Details of the breach and its effects
b) Statements from affected parties (if any)
c) Inspection or incident reports showing limited impact
3. Advancing your Defence
4
Possible Dispute 4
"The breach was minor and caused no material impact"
1. Explanation
The tenant may argue the breach was technical or trivial and had no real consequences.
2. Evidence
a) Details of the breach and its effects
b) Statements from affected parties (if any)
c) Inspection or incident reports showing limited impact
3. Advancing your Defence
4
Possible Dispute 4
"The breach was minor and caused no material impact"
1. Explanation
The tenant may argue the breach was technical or trivial and had no real consequences.
2. Evidence
a) Details of the breach and its effects
b) Statements from affected parties (if any)
c) Inspection or incident reports showing limited impact
3. Advancing your Defence
5
Possible Dispute 5
"The breach arose due to vulnerability or personal circumstances"
1. Explanation
The tenant may argue the breach was unintentional and linked to health, disability, or other life circumstances.
2. Evidence
a) Medical or psychological assessments
b) Social worker or support provider statements
c) Timeline of personal events correlating with the breach
3. Advancing your Defence
5
Possible Dispute 5
"The breach arose due to vulnerability or personal circumstances"
1. Explanation
The tenant may argue the breach was unintentional and linked to health, disability, or other life circumstances.
2. Evidence
a) Medical or psychological assessments
b) Social worker or support provider statements
c) Timeline of personal events correlating with the breach
3. Advancing your Defence
5
Possible Dispute 5
"The breach arose due to vulnerability or personal circumstances"
1. Explanation
The tenant may argue the breach was unintentional and linked to health, disability, or other life circumstances.
2. Evidence
a) Medical or psychological assessments
b) Social worker or support provider statements
c) Timeline of personal events correlating with the breach
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.