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Can This Ground Be Disputed?
Ground 2 Repossession by the Landlord's Mortgage Lender
1
Possible Dispute 1
"The mortgage or charge was granted after the tenancy began"
1. Explanation
The ground only applies if the mortgage or charge was created before the tenancy started. If the landlord took out the mortgage after letting the property to the tenant, the lender’s right to possession under Ground 2 does not arise.
2. Evidence
a) Land Registry title and charge documents showing the date the mortgage was created.
b) Copy of the tenancy agreement showing the tenancy start date.
c) Mortgage offer or deed showing terms and dates.
3. Advancing your Defence
1
Possible Dispute 1
"The mortgage or charge was granted after the tenancy began"
1. Explanation
The ground only applies if the mortgage or charge was created before the tenancy started. If the landlord took out the mortgage after letting the property to the tenant, the lender’s right to possession under Ground 2 does not arise.
2. Evidence
a) Land Registry title and charge documents showing the date the mortgage was created.
b) Copy of the tenancy agreement showing the tenancy start date.
c) Mortgage offer or deed showing terms and dates.
3. Advancing your Defence
1
Possible Dispute 1
"The mortgage or charge was granted after the tenancy began"
1. Explanation
The ground only applies if the mortgage or charge was created before the tenancy started. If the landlord took out the mortgage after letting the property to the tenant, the lender’s right to possession under Ground 2 does not arise.
2. Evidence
a) Land Registry title and charge documents showing the date the mortgage was created.
b) Copy of the tenancy agreement showing the tenancy start date.
c) Mortgage offer or deed showing terms and dates.
3. Advancing your Defence
2
Possible Dispute 2
"The lender is not currently entitled to possession"
1. Explanation
The lender must have a valid right to possession, usually under a power of sale (e.g. because of mortgage arrears). If the lender is not actually enforcing that right, or the landlord has resolved the arrears, Ground 2 cannot succeed.
2. Evidence
a) Correspondence from the mortgage lender showing whether enforcement is active.
b) Redemption statements showing the mortgage is no longer in default.
c) Court or enforcement documents (or lack thereof) relating to any repossession claim by the lender.
3. Advancing your Defence
2
Possible Dispute 2
"The lender is not currently entitled to possession"
1. Explanation
The lender must have a valid right to possession, usually under a power of sale (e.g. because of mortgage arrears). If the lender is not actually enforcing that right, or the landlord has resolved the arrears, Ground 2 cannot succeed.
2. Evidence
a) Correspondence from the mortgage lender showing whether enforcement is active.
b) Redemption statements showing the mortgage is no longer in default.
c) Court or enforcement documents (or lack thereof) relating to any repossession claim by the lender.
3. Advancing your Defence
2
Possible Dispute 2
"The lender is not currently entitled to possession"
1. Explanation
The lender must have a valid right to possession, usually under a power of sale (e.g. because of mortgage arrears). If the lender is not actually enforcing that right, or the landlord has resolved the arrears, Ground 2 cannot succeed.
2. Evidence
a) Correspondence from the mortgage lender showing whether enforcement is active.
b) Redemption statements showing the mortgage is no longer in default.
c) Court or enforcement documents (or lack thereof) relating to any repossession claim by the lender.
3. Advancing your Defence
3
Possible Dispute 3
"The landlord failed to give proper notice before tenancy began"
1. Explanation
If the tenant was not made aware in writing (or clearly otherwise) that possession could be sought under Ground 2, the court may find the notice requirement unsatisfied.
2. Evidence
a) Lack of any written clause or mention in the tenancy agreement.
b) Tenant’s testimony that no verbal explanation was given.
c) Absence of other documentation showing prior notice.
3. Advancing your Defence
3
Possible Dispute 3
"The landlord failed to give proper notice before tenancy began"
1. Explanation
If the tenant was not made aware in writing (or clearly otherwise) that possession could be sought under Ground 2, the court may find the notice requirement unsatisfied.
2. Evidence
a) Lack of any written clause or mention in the tenancy agreement.
b) Tenant’s testimony that no verbal explanation was given.
c) Absence of other documentation showing prior notice.
3. Advancing your Defence
3
Possible Dispute 3
"The landlord failed to give proper notice before tenancy began"
1. Explanation
If the tenant was not made aware in writing (or clearly otherwise) that possession could be sought under Ground 2, the court may find the notice requirement unsatisfied.
2. Evidence
a) Lack of any written clause or mention in the tenancy agreement.
b) Tenant’s testimony that no verbal explanation was given.
c) Absence of other documentation showing prior notice.
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.