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Can This Ground Be Disputed?
Ground 14za Offence During a Riot
1
Possible Dispute 1
"No qualifying offence under the ground (Element 1: Conviction of a serious offence)"
1. Explanation
The offence may not be sufficiently serious, or may be one that is triable in the Magistrates’ Court rather than the Crown Court.
2. Evidence
a) Court records showing classification and seriousness of offence
b) Sentencing remarks or transcripts
c) Legal submissions clarifying whether the offence qualifies as “serious” under the Housing Act
3. Advancing your Defence
1
Possible Dispute 1
"No qualifying offence under the ground (Element 1: Conviction of a serious offence)"
1. Explanation
The offence may not be sufficiently serious, or may be one that is triable in the Magistrates’ Court rather than the Crown Court.
2. Evidence
a) Court records showing classification and seriousness of offence
b) Sentencing remarks or transcripts
c) Legal submissions clarifying whether the offence qualifies as “serious” under the Housing Act
3. Advancing your Defence
1
Possible Dispute 1
"No qualifying offence under the ground (Element 1: Conviction of a serious offence)"
1. Explanation
The offence may not be sufficiently serious, or may be one that is triable in the Magistrates’ Court rather than the Crown Court.
2. Evidence
a) Court records showing classification and seriousness of offence
b) Sentencing remarks or transcripts
c) Legal submissions clarifying whether the offence qualifies as “serious” under the Housing Act
3. Advancing your Defence
2
Possible Dispute 2
"Offence was not committed during a riot (Element 2: Offence committed during a riot in the UK)"
1. Explanation
The circumstances may not meet the statutory definition of a riot, or the offence might have occurred in a different context.
2. Evidence
a) Police reports and incident timelines
b) Witness accounts or video evidence
c) Expert legal submissions disputing the applicability of the term “riot” under section 1 of the Public Order Act 1986
3. Advancing your Defence
2
Possible Dispute 2
"Offence was not committed during a riot (Element 2: Offence committed during a riot in the UK)"
1. Explanation
The circumstances may not meet the statutory definition of a riot, or the offence might have occurred in a different context.
2. Evidence
a) Police reports and incident timelines
b) Witness accounts or video evidence
c) Expert legal submissions disputing the applicability of the term “riot” under section 1 of the Public Order Act 1986
3. Advancing your Defence
2
Possible Dispute 2
"Offence was not committed during a riot (Element 2: Offence committed during a riot in the UK)"
1. Explanation
The circumstances may not meet the statutory definition of a riot, or the offence might have occurred in a different context.
2. Evidence
a) Police reports and incident timelines
b) Witness accounts or video evidence
c) Expert legal submissions disputing the applicability of the term “riot” under section 1 of the Public Order Act 1986
3. Advancing your Defence
3
Possible Dispute 3
"The convicted person is not the tenant or adult residing at the property (Element 1: Tenant or adult residing in the property)"
1. Explanation
The person convicted may have no legal or actual connection to the tenancy address.
2. Evidence
a) Proof of residency such as tenancy records, council tax, or electoral register entries
b) ID or official documents establishing current or past residence
c) Statements from neighbours or the landlord regarding household members
3. Advancing your Defence
3
Possible Dispute 3
"The convicted person is not the tenant or adult residing at the property (Element 1: Tenant or adult residing in the property)"
1. Explanation
The person convicted may have no legal or actual connection to the tenancy address.
2. Evidence
a) Proof of residency such as tenancy records, council tax, or electoral register entries
b) ID or official documents establishing current or past residence
c) Statements from neighbours or the landlord regarding household members
3. Advancing your Defence
3
Possible Dispute 3
"The convicted person is not the tenant or adult residing at the property (Element 1: Tenant or adult residing in the property)"
1. Explanation
The person convicted may have no legal or actual connection to the tenancy address.
2. Evidence
a) Proof of residency such as tenancy records, council tax, or electoral register entries
b) ID or official documents establishing current or past residence
c) Statements from neighbours or the landlord regarding household members
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.