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Can This Ground Be Disputed?
Ground 3 Holiday let
1
Possible Dispute 1
"The tenancy exceeds 8 months"
1. Explanation
The tenancy must be for a fixed term of no more than 8 months. If the agreement is for 9 months or more, the landlord cannot rely on Ground 3.
2. Evidence
a) Copy of the signed tenancy agreement showing the fixed term.
b) Rent payment history or correspondence confirming tenancy length.
c) Tenant’s bank statements indicating duration of occupation.
3. Advancing your Defence
1
Possible Dispute 1
"The tenancy exceeds 8 months"
1. Explanation
The tenancy must be for a fixed term of no more than 8 months. If the agreement is for 9 months or more, the landlord cannot rely on Ground 3.
2. Evidence
a) Copy of the signed tenancy agreement showing the fixed term.
b) Rent payment history or correspondence confirming tenancy length.
c) Tenant’s bank statements indicating duration of occupation.
3. Advancing your Defence
1
Possible Dispute 1
"The tenancy exceeds 8 months"
1. Explanation
The tenancy must be for a fixed term of no more than 8 months. If the agreement is for 9 months or more, the landlord cannot rely on Ground 3.
2. Evidence
a) Copy of the signed tenancy agreement showing the fixed term.
b) Rent payment history or correspondence confirming tenancy length.
c) Tenant’s bank statements indicating duration of occupation.
3. Advancing your Defence
2
Possible Dispute 2
"The property was not used for holiday purposes in the 12 months before tenancy began"
1. Explanation
The landlord must prove the property was used specifically for holidays, not just vacant or let to normal tenants, in the 12 months prior. General use by friends or tenants won’t suffice unless clearly for holidays.
2. Evidence
a) Booking confirmations from holiday lettings.
b) Bank records showing payments from short-let stays.
c) Statements from previous occupants or neighbours.
d) Local authority classification as a holiday let.
3. Advancing your Defence
2
Possible Dispute 2
"The property was not used for holiday purposes in the 12 months before tenancy began"
1. Explanation
The landlord must prove the property was used specifically for holidays, not just vacant or let to normal tenants, in the 12 months prior. General use by friends or tenants won’t suffice unless clearly for holidays.
2. Evidence
a) Booking confirmations from holiday lettings.
b) Bank records showing payments from short-let stays.
c) Statements from previous occupants or neighbours.
d) Local authority classification as a holiday let.
3. Advancing your Defence
2
Possible Dispute 2
"The property was not used for holiday purposes in the 12 months before tenancy began"
1. Explanation
The landlord must prove the property was used specifically for holidays, not just vacant or let to normal tenants, in the 12 months prior. General use by friends or tenants won’t suffice unless clearly for holidays.
2. Evidence
a) Booking confirmations from holiday lettings.
b) Bank records showing payments from short-let stays.
c) Statements from previous occupants or neighbours.
d) Local authority classification as a holiday let.
3. Advancing your Defence
3
Possible Dispute 3
"No proper notice was given before the tenancy started"
1. Explanation
Ground 3 requires strict compliance. If the landlord didn’t inform the tenant in writing before the tenancy began, the ground cannot be used.
2. Evidence
a) Absence of a Ground 3 clause in the tenancy agreement.
b) Tenant’s statement that no written warning was received.
c) No emails, letters, or documents from the landlord showing pre-tenancy notification.
3. Advancing your Defence
3
Possible Dispute 3
"No proper notice was given before the tenancy started"
1. Explanation
Ground 3 requires strict compliance. If the landlord didn’t inform the tenant in writing before the tenancy began, the ground cannot be used.
2. Evidence
a) Absence of a Ground 3 clause in the tenancy agreement.
b) Tenant’s statement that no written warning was received.
c) No emails, letters, or documents from the landlord showing pre-tenancy notification.
3. Advancing your Defence
3
Possible Dispute 3
"No proper notice was given before the tenancy started"
1. Explanation
Ground 3 requires strict compliance. If the landlord didn’t inform the tenant in writing before the tenancy began, the ground cannot be used.
2. Evidence
a) Absence of a Ground 3 clause in the tenancy agreement.
b) Tenant’s statement that no written warning was received.
c) No emails, letters, or documents from the landlord showing pre-tenancy notification.
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.