Step 3
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Can This Ground Be Disputed?
Ground 15 Deterioration of Furniture
1
Possible Dispute 1
"(Element 1) The furniture was not damaged"
1. Explanation
The tenant may argue that the furniture remains in good condition or that the alleged damage pre-dated the tenancy.
2. Evidence
a) Inventory reports at the start and end of the tenancy
b) Photographic evidence of furniture condition
c) Witness statements or inspection records
3. Advancing your Defence
1
Possible Dispute 1
"(Element 1) The furniture was not damaged"
1. Explanation
The tenant may argue that the furniture remains in good condition or that the alleged damage pre-dated the tenancy.
2. Evidence
a) Inventory reports at the start and end of the tenancy
b) Photographic evidence of furniture condition
c) Witness statements or inspection records
3. Advancing your Defence
1
Possible Dispute 1
"(Element 1) The furniture was not damaged"
1. Explanation
The tenant may argue that the furniture remains in good condition or that the alleged damage pre-dated the tenancy.
2. Evidence
a) Inventory reports at the start and end of the tenancy
b) Photographic evidence of furniture condition
c) Witness statements or inspection records
3. Advancing your Defence
2
Possible Dispute 2
"(Element 1) The damage was not caused by the tenant or household members"
1. Explanation
The tenant may claim that any damage was due to fair wear and tear or the furniture being defective.
2. Evidence
a) Expert reports on cause of damage
b) Manufacturer warranty or fault reports
c) Statements from other residents or contractors
3. Advancing your Defence
2
Possible Dispute 2
"(Element 1) The damage was not caused by the tenant or household members"
1. Explanation
The tenant may claim that any damage was due to fair wear and tear or the furniture being defective.
2. Evidence
a) Expert reports on cause of damage
b) Manufacturer warranty or fault reports
c) Statements from other residents or contractors
3. Advancing your Defence
2
Possible Dispute 2
"(Element 1) The damage was not caused by the tenant or household members"
1. Explanation
The tenant may claim that any damage was due to fair wear and tear or the furniture being defective.
2. Evidence
a) Expert reports on cause of damage
b) Manufacturer warranty or fault reports
c) Statements from other residents or contractors
3. Advancing your Defence
3
Possible Dispute 3
"(Element 2) Reasonable steps were taken to remove the lodger or subtenant"
1. Explanation
The tenant may argue that they took steps to stop the damage or remove the lodger/subtenant but were unsuccessful.
2. Evidence
a) Communication records with the lodger/subtenant
b) Written requests to vacate
c) Reports to landlord or police, if appropriate
3. Advancing your Defence
3
Possible Dispute 3
"(Element 2) Reasonable steps were taken to remove the lodger or subtenant"
1. Explanation
The tenant may argue that they took steps to stop the damage or remove the lodger/subtenant but were unsuccessful.
2. Evidence
a) Communication records with the lodger/subtenant
b) Written requests to vacate
c) Reports to landlord or police, if appropriate
3. Advancing your Defence
3
Possible Dispute 3
"(Element 2) Reasonable steps were taken to remove the lodger or subtenant"
1. Explanation
The tenant may argue that they took steps to stop the damage or remove the lodger/subtenant but were unsuccessful.
2. Evidence
a) Communication records with the lodger/subtenant
b) Written requests to vacate
c) Reports to landlord or police, if appropriate
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.