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Can This Ground Be Disputed?
Ground 17 Tenancy Obtained by False Statement
1
Possible Dispute 1
"Disputing the Existence of a False Statement (Element 1)"
1. Explanation
The tenant may argue that no false statement was made, or that the statement was accurate or made honestly based on their knowledge at the time.
2. Evidence
a) Original application forms or correspondence
b) Witness statements clarifying the tenant’s intent and understanding
c) Documents proving the truth of the contested information
3. Advancing your Defence
1
Possible Dispute 1
"Disputing the Existence of a False Statement (Element 1)"
1. Explanation
The tenant may argue that no false statement was made, or that the statement was accurate or made honestly based on their knowledge at the time.
2. Evidence
a) Original application forms or correspondence
b) Witness statements clarifying the tenant’s intent and understanding
c) Documents proving the truth of the contested information
3. Advancing your Defence
1
Possible Dispute 1
"Disputing the Existence of a False Statement (Element 1)"
1. Explanation
The tenant may argue that no false statement was made, or that the statement was accurate or made honestly based on their knowledge at the time.
2. Evidence
a) Original application forms or correspondence
b) Witness statements clarifying the tenant’s intent and understanding
c) Documents proving the truth of the contested information
3. Advancing your Defence
2
Possible Dispute 2
"Disputing Recklessness or Intent (Element 1)"
1. Explanation
The tenant may argue that the statement was a genuine mistake or misunderstanding rather than a reckless or intentional attempt to mislead.
2. Evidence
a) Timeline of events showing confusion or lack of awareness
b) Advice received by the tenant at the time
c) Complexity or ambiguity in the form or question asked
3. Advancing your Defence
2
Possible Dispute 2
"Disputing Recklessness or Intent (Element 1)"
1. Explanation
The tenant may argue that the statement was a genuine mistake or misunderstanding rather than a reckless or intentional attempt to mislead.
2. Evidence
a) Timeline of events showing confusion or lack of awareness
b) Advice received by the tenant at the time
c) Complexity or ambiguity in the form or question asked
3. Advancing your Defence
2
Possible Dispute 2
"Disputing Recklessness or Intent (Element 1)"
1. Explanation
The tenant may argue that the statement was a genuine mistake or misunderstanding rather than a reckless or intentional attempt to mislead.
2. Evidence
a) Timeline of events showing confusion or lack of awareness
b) Advice received by the tenant at the time
c) Complexity or ambiguity in the form or question asked
3. Advancing your Defence
3
Possible Dispute 3
"Disputing Material Effect of False Statement (Element 2)"
1. Explanation
Even if a false statement was made, the tenant could argue that it did not materially affect the landlord’s decision to grant the tenancy. They may argue the tenancy would have been granted regardless, or that the landlord did not rely on that particular information.
For example, if the tenant misstated the age of a child to demonstrate specific needs, but still had dependent children requiring accommodation, the falsehood may be immaterial.
2. Evidence
a) Landlord policies showing tenant eligibility
b) Evidence that the same property would have been allocated on other grounds
c) Internal communications from the housing provider about the allocation decision
3. Advancing your Defence
3
Possible Dispute 3
"Disputing Material Effect of False Statement (Element 2)"
1. Explanation
Even if a false statement was made, the tenant could argue that it did not materially affect the landlord’s decision to grant the tenancy. They may argue the tenancy would have been granted regardless, or that the landlord did not rely on that particular information.
For example, if the tenant misstated the age of a child to demonstrate specific needs, but still had dependent children requiring accommodation, the falsehood may be immaterial.
2. Evidence
a) Landlord policies showing tenant eligibility
b) Evidence that the same property would have been allocated on other grounds
c) Internal communications from the housing provider about the allocation decision
3. Advancing your Defence
3
Possible Dispute 3
"Disputing Material Effect of False Statement (Element 2)"
1. Explanation
Even if a false statement was made, the tenant could argue that it did not materially affect the landlord’s decision to grant the tenancy. They may argue the tenancy would have been granted regardless, or that the landlord did not rely on that particular information.
For example, if the tenant misstated the age of a child to demonstrate specific needs, but still had dependent children requiring accommodation, the falsehood may be immaterial.
2. Evidence
a) Landlord policies showing tenant eligibility
b) Evidence that the same property would have been allocated on other grounds
c) Internal communications from the housing provider about the allocation decision
3. Advancing your Defence
4
Possible Dispute 4
"Dispute Over Who Made the Statement (Element 1)"
1. Explanation
The tenant may argue that the false statement was made by someone else not acting under their instruction or without their knowledge.
2. Evidence
a) Statement from the third party
b) Evidence showing lack of involvement or direction by the tenant
3. Advancing your Defence
4
Possible Dispute 4
"Dispute Over Who Made the Statement (Element 1)"
1. Explanation
The tenant may argue that the false statement was made by someone else not acting under their instruction or without their knowledge.
2. Evidence
a) Statement from the third party
b) Evidence showing lack of involvement or direction by the tenant
3. Advancing your Defence
4
Possible Dispute 4
"Dispute Over Who Made the Statement (Element 1)"
1. Explanation
The tenant may argue that the false statement was made by someone else not acting under their instruction or without their knowledge.
2. Evidence
a) Statement from the third party
b) Evidence showing lack of involvement or direction by the tenant
3. Advancing your Defence
5
Possible Dispute 5
"Tenant is not the Original Tenant (Element 3)"
1. Explanation
The tenant may argue that they inherited or were assigned the tenancy and were not responsible for any earlier false statement.
2. Evidence
a) Succession or assignment documentation
b) Tenancy history and correspondence
3. Advancing your Defence
5
Possible Dispute 5
"Tenant is not the Original Tenant (Element 3)"
1. Explanation
The tenant may argue that they inherited or were assigned the tenancy and were not responsible for any earlier false statement.
2. Evidence
a) Succession or assignment documentation
b) Tenancy history and correspondence
3. Advancing your Defence
5
Possible Dispute 5
"Tenant is not the Original Tenant (Element 3)"
1. Explanation
The tenant may argue that they inherited or were assigned the tenancy and were not responsible for any earlier false statement.
2. Evidence
a) Succession or assignment documentation
b) Tenancy history and correspondence
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.