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Can This Ground Be Disputed?
Ground 13 Deterioration in the Condition of the Property
1
Possible Dispute 1
"The condition of the property has not deteriorated"
1. Explanation
The tenant may dispute that any decline in condition has occurred.
2. Evidence
a) Inspection reports showing no damage
b) Photographs or expert opinion showing the state of repair is consistent with age/use
c) Maintenance records or landlord inaction showing deterioration was pre-existing
3. Advancing your Defence
1
Possible Dispute 1
"The condition of the property has not deteriorated"
1. Explanation
The tenant may dispute that any decline in condition has occurred.
2. Evidence
a) Inspection reports showing no damage
b) Photographs or expert opinion showing the state of repair is consistent with age/use
c) Maintenance records or landlord inaction showing deterioration was pre-existing
3. Advancing your Defence
1
Possible Dispute 1
"The condition of the property has not deteriorated"
1. Explanation
The tenant may dispute that any decline in condition has occurred.
2. Evidence
a) Inspection reports showing no damage
b) Photographs or expert opinion showing the state of repair is consistent with age/use
c) Maintenance records or landlord inaction showing deterioration was pre-existing
3. Advancing your Defence
2
Possible Dispute 2
"The deterioration was not caused by the tenant or a person living with them"
1. Explanation
The tenant may argue that the damage was caused by structural defects, damp, disrepair, or other causes outside their control.
2. Evidence
a) Surveyor or repair reports showing structural causes
b) Correspondence or repair requests previously made by the tenant
c) Witness statements confirming the tenant’s care of the property
3. Advancing your Defence
2
Possible Dispute 2
"The deterioration was not caused by the tenant or a person living with them"
1. Explanation
The tenant may argue that the damage was caused by structural defects, damp, disrepair, or other causes outside their control.
2. Evidence
a) Surveyor or repair reports showing structural causes
b) Correspondence or repair requests previously made by the tenant
c) Witness statements confirming the tenant’s care of the property
3. Advancing your Defence
2
Possible Dispute 2
"The deterioration was not caused by the tenant or a person living with them"
1. Explanation
The tenant may argue that the damage was caused by structural defects, damp, disrepair, or other causes outside their control.
2. Evidence
a) Surveyor or repair reports showing structural causes
b) Correspondence or repair requests previously made by the tenant
c) Witness statements confirming the tenant’s care of the property
3. Advancing your Defence
3
Possible Dispute 3
"The deterioration was caused by a visitor, not someone residing there"
1. Explanation
The tenant may argue that any damage was caused by a guest or one-off visitor, not a household member.
2. Evidence
a) Tenancy records showing who resides at the property
b) Statements showing nature and frequency of the individual’s visits
c) Witness accounts indicating lack of control over the visitor
3. Advancing your Defence
3
Possible Dispute 3
"The deterioration was caused by a visitor, not someone residing there"
1. Explanation
The tenant may argue that any damage was caused by a guest or one-off visitor, not a household member.
2. Evidence
a) Tenancy records showing who resides at the property
b) Statements showing nature and frequency of the individual’s visits
c) Witness accounts indicating lack of control over the visitor
3. Advancing your Defence
3
Possible Dispute 3
"The deterioration was caused by a visitor, not someone residing there"
1. Explanation
The tenant may argue that any damage was caused by a guest or one-off visitor, not a household member.
2. Evidence
a) Tenancy records showing who resides at the property
b) Statements showing nature and frequency of the individual’s visits
c) Witness accounts indicating lack of control over the visitor
3. Advancing your Defence
4
Possible Dispute 4
"The deterioration was caused by a subtenant or lodger, but reasonable steps were taken"
1. Explanation
The tenant may argue that they took reasonable action to prevent or remedy damage caused by others.
2. Evidence
a) Notices served to the subtenant or lodger
b) Attempts to end their stay
c) Communication showing the tenant acted responsibly
3. Advancing your Defence
4
Possible Dispute 4
"The deterioration was caused by a subtenant or lodger, but reasonable steps were taken"
1. Explanation
The tenant may argue that they took reasonable action to prevent or remedy damage caused by others.
2. Evidence
a) Notices served to the subtenant or lodger
b) Attempts to end their stay
c) Communication showing the tenant acted responsibly
3. Advancing your Defence
4
Possible Dispute 4
"The deterioration was caused by a subtenant or lodger, but reasonable steps were taken"
1. Explanation
The tenant may argue that they took reasonable action to prevent or remedy damage caused by others.
2. Evidence
a) Notices served to the subtenant or lodger
b) Attempts to end their stay
c) Communication showing the tenant acted responsibly
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.