Step 3
Step 3
Step 3
Can This Ground Be Disputed?
Ground 14a Domestic Violence
1
Possible Dispute 1
"The partner did not leave due to domestic violence (Element 1)"
1. Explanation
The tenant may argue that the partner left for unrelated reasons, such as a relationship breakdown or relocation.
2. Evidence
a) Statements from the alleged victim or other witnesses
b) Absence of complaints to police or support services
c) Communications indicating a mutual separation
3. Advancing your Defence
1
Possible Dispute 1
"The partner did not leave due to domestic violence (Element 1)"
1. Explanation
The tenant may argue that the partner left for unrelated reasons, such as a relationship breakdown or relocation.
2. Evidence
a) Statements from the alleged victim or other witnesses
b) Absence of complaints to police or support services
c) Communications indicating a mutual separation
3. Advancing your Defence
1
Possible Dispute 1
"The partner did not leave due to domestic violence (Element 1)"
1. Explanation
The tenant may argue that the partner left for unrelated reasons, such as a relationship breakdown or relocation.
2. Evidence
a) Statements from the alleged victim or other witnesses
b) Absence of complaints to police or support services
c) Communications indicating a mutual separation
3. Advancing your Defence
2
Possible Dispute 2
"The partner is likely to return (Element 2)"
1. Explanation
The partner may be temporarily absent or open to reconciliation, indicating the threshold is not met.
2. Evidence
a) Contact between the parties suggesting reconciliation
b) Statements from the partner about intentions to return
c) Absence of long-term separation or protective measures
3. Advancing your Defence
2
Possible Dispute 2
"The partner is likely to return (Element 2)"
1. Explanation
The partner may be temporarily absent or open to reconciliation, indicating the threshold is not met.
2. Evidence
a) Contact between the parties suggesting reconciliation
b) Statements from the partner about intentions to return
c) Absence of long-term separation or protective measures
3. Advancing your Defence
2
Possible Dispute 2
"The partner is likely to return (Element 2)"
1. Explanation
The partner may be temporarily absent or open to reconciliation, indicating the threshold is not met.
2. Evidence
a) Contact between the parties suggesting reconciliation
b) Statements from the partner about intentions to return
c) Absence of long-term separation or protective measures
3. Advancing your Defence
3
Possible Dispute 3
"Neither party is a tenant (Element 3)"
1. Explanation
The tenancy may be in a different person’s name, meaning the couple are not tenants within the meaning of the ground.
2. Evidence
a) Tenancy agreement showing named tenant(s)
b) Identification documents or tenancy application records
3. Advancing your Defence
3
Possible Dispute 3
"Neither party is a tenant (Element 3)"
1. Explanation
The tenancy may be in a different person’s name, meaning the couple are not tenants within the meaning of the ground.
2. Evidence
a) Tenancy agreement showing named tenant(s)
b) Identification documents or tenancy application records
3. Advancing your Defence
3
Possible Dispute 3
"Neither party is a tenant (Element 3)"
1. Explanation
The tenancy may be in a different person’s name, meaning the couple are not tenants within the meaning of the ground.
2. Evidence
a) Tenancy agreement showing named tenant(s)
b) Identification documents or tenancy application records
3. Advancing your Defence
4
Possible Dispute 4
"Abuse was directed only at a third party and not the partner (Element 4)"
1. Explanation
If the abuse was directed at a family member of the partner but not the partner themselves, and this did not cause the partner to leave, the ground may not apply.
2. Evidence
a) Statements from affected individuals
b) Timeline showing whether the abuse caused the partner’s departure
c) Police or support service reports
3. Advancing your Defence
4
Possible Dispute 4
"Abuse was directed only at a third party and not the partner (Element 4)"
1. Explanation
If the abuse was directed at a family member of the partner but not the partner themselves, and this did not cause the partner to leave, the ground may not apply.
2. Evidence
a) Statements from affected individuals
b) Timeline showing whether the abuse caused the partner’s departure
c) Police or support service reports
3. Advancing your Defence
4
Possible Dispute 4
"Abuse was directed only at a third party and not the partner (Element 4)"
1. Explanation
If the abuse was directed at a family member of the partner but not the partner themselves, and this did not cause the partner to leave, the ground may not apply.
2. Evidence
a) Statements from affected individuals
b) Timeline showing whether the abuse caused the partner’s departure
c) Police or support service reports
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.