Step 3
Step 3
Step 3
Can This Ground Be Disputed?
Ground 14 Nuisance, Annoyance, Illegal or Immoral Use of the Property
1
Possible Dispute 1
"Relating to Element 1: The alleged behaviour did not amount to nuisance or annoyance"
1. Explanation
The tenant may argue that their behaviour was reasonable and did not cause any nuisance or annoyance.
2. Evidence
a) Witness statements from neighbours or housing officers
b) Audio or video recordings
c) Noise monitoring data
d) Lack of complaints or reports
3. Advancing your Defence
1
Possible Dispute 1
"Relating to Element 1: The alleged behaviour did not amount to nuisance or annoyance"
1. Explanation
The tenant may argue that their behaviour was reasonable and did not cause any nuisance or annoyance.
2. Evidence
a) Witness statements from neighbours or housing officers
b) Audio or video recordings
c) Noise monitoring data
d) Lack of complaints or reports
3. Advancing your Defence
1
Possible Dispute 1
"Relating to Element 1: The alleged behaviour did not amount to nuisance or annoyance"
1. Explanation
The tenant may argue that their behaviour was reasonable and did not cause any nuisance or annoyance.
2. Evidence
a) Witness statements from neighbours or housing officers
b) Audio or video recordings
c) Noise monitoring data
d) Lack of complaints or reports
3. Advancing your Defence
2
Possible Dispute 2
"Relating to Elements 1 and 2: The tenant is not responsible for the conduct"
1. Explanation
The tenant may argue that the behaviour was caused by a visitor or household member, and that they took reasonable steps to prevent or stop it.
2. Evidence
a) Witness statements
b) Written warnings or requests for the individual to leave
c) Communications with landlord or authorities
3. Advancing your Defence
2
Possible Dispute 2
"Relating to Elements 1 and 2: The tenant is not responsible for the conduct"
1. Explanation
The tenant may argue that the behaviour was caused by a visitor or household member, and that they took reasonable steps to prevent or stop it.
2. Evidence
a) Witness statements
b) Written warnings or requests for the individual to leave
c) Communications with landlord or authorities
3. Advancing your Defence
2
Possible Dispute 2
"Relating to Elements 1 and 2: The tenant is not responsible for the conduct"
1. Explanation
The tenant may argue that the behaviour was caused by a visitor or household member, and that they took reasonable steps to prevent or stop it.
2. Evidence
a) Witness statements
b) Written warnings or requests for the individual to leave
c) Communications with landlord or authorities
3. Advancing your Defence
3
Possible Dispute 3
"Relating to Element 3: There is no conviction for illegal or immoral use"
1. Explanation
If the landlord is relying on criminal use of the premises, but no conviction exists, the tenant may dispute the claim.
2. Evidence
a) Criminal records
b) Lack of police reports or charges
c) Written confirmation from police
3. Advancing your Defence
3
Possible Dispute 3
"Relating to Element 3: There is no conviction for illegal or immoral use"
1. Explanation
If the landlord is relying on criminal use of the premises, but no conviction exists, the tenant may dispute the claim.
2. Evidence
a) Criminal records
b) Lack of police reports or charges
c) Written confirmation from police
3. Advancing your Defence
3
Possible Dispute 3
"Relating to Element 3: There is no conviction for illegal or immoral use"
1. Explanation
If the landlord is relying on criminal use of the premises, but no conviction exists, the tenant may dispute the claim.
2. Evidence
a) Criminal records
b) Lack of police reports or charges
c) Written confirmation from police
3. Advancing your Defence
4
Possible Dispute 4
"Relating to Element 4: The offence was unrelated to the tenancy or occurred elsewhere"
1. Explanation
The tenant may argue that a conviction was unrelated to the property or locality and therefore does not satisfy the ground.
2. Evidence
a) Sentencing documents
b) Court transcripts
c) Location and context of the offence
3. Advancing your Defence
4
Possible Dispute 4
"Relating to Element 4: The offence was unrelated to the tenancy or occurred elsewhere"
1. Explanation
The tenant may argue that a conviction was unrelated to the property or locality and therefore does not satisfy the ground.
2. Evidence
a) Sentencing documents
b) Court transcripts
c) Location and context of the offence
3. Advancing your Defence
4
Possible Dispute 4
"Relating to Element 4: The offence was unrelated to the tenancy or occurred elsewhere"
1. Explanation
The tenant may argue that a conviction was unrelated to the property or locality and therefore does not satisfy the ground.
2. Evidence
a) Sentencing documents
b) Court transcripts
c) Location and context of the offence
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.