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Can This Ground Be Disputed?
Ground 4 Student let
1
Possible Dispute 1
"The tenancy is for more than 12 months"
1. Explanation
The fixed term of the tenancy must not exceed 12 months. If the term is even a day longer, the condition fails.
2. Evidence
a) Copy of the tenancy agreement showing term length.
b) Correspondence confirming start and end dates of tenancy.
c) Rent schedule or payment records confirming duration.
3. Advancing your Defence
1
Possible Dispute 1
"The tenancy is for more than 12 months"
1. Explanation
The fixed term of the tenancy must not exceed 12 months. If the term is even a day longer, the condition fails.
2. Evidence
a) Copy of the tenancy agreement showing term length.
b) Correspondence confirming start and end dates of tenancy.
c) Rent schedule or payment records confirming duration.
3. Advancing your Defence
1
Possible Dispute 1
"The tenancy is for more than 12 months"
1. Explanation
The fixed term of the tenancy must not exceed 12 months. If the term is even a day longer, the condition fails.
2. Evidence
a) Copy of the tenancy agreement showing term length.
b) Correspondence confirming start and end dates of tenancy.
c) Rent schedule or payment records confirming duration.
3. Advancing your Defence
2
Possible Dispute 2
"The property was not occupied as a student let in the year before the tenancy began"
1. Explanation
The landlord must show that the property was genuinely let to students during the 12 months before the current tenancy began. This must be through an arrangement with a specified educational institution or provider, and the occupants must have been students.
2. Evidence
a) Previous tenancy agreements showing the tenants were students.
b) Documentation from the university or housing provider.
c) Records of student ID numbers, enrolment confirmation, or letters from institutions.
d) Statements from previous tenants and neighbours.
3. Advancing your Defence
2
Possible Dispute 2
"The property was not occupied as a student let in the year before the tenancy began"
1. Explanation
The landlord must show that the property was genuinely let to students during the 12 months before the current tenancy began. This must be through an arrangement with a specified educational institution or provider, and the occupants must have been students.
2. Evidence
a) Previous tenancy agreements showing the tenants were students.
b) Documentation from the university or housing provider.
c) Records of student ID numbers, enrolment confirmation, or letters from institutions.
d) Statements from previous tenants and neighbours.
3. Advancing your Defence
2
Possible Dispute 2
"The property was not occupied as a student let in the year before the tenancy began"
1. Explanation
The landlord must show that the property was genuinely let to students during the 12 months before the current tenancy began. This must be through an arrangement with a specified educational institution or provider, and the occupants must have been students.
2. Evidence
a) Previous tenancy agreements showing the tenants were students.
b) Documentation from the university or housing provider.
c) Records of student ID numbers, enrolment confirmation, or letters from institutions.
d) Statements from previous tenants and neighbours.
3. Advancing your Defence
3
Possible Dispute 3
"No valid notice was provided before the tenancy started"
1. Explanation
The landlord must have clearly and explicitly warned the tenant in writing before the agreement that Ground 4 might be used.
2. Evidence
a) Absence of any clause in tenancy agreement referencing Ground 4.
b) Tenant’s statement that they were not warned.
c) Lack of emails, letters, or pre-tenancy communications about potential use of Ground 4.
3. Advancing your Defence
3
Possible Dispute 3
"No valid notice was provided before the tenancy started"
1. Explanation
The landlord must have clearly and explicitly warned the tenant in writing before the agreement that Ground 4 might be used.
2. Evidence
a) Absence of any clause in tenancy agreement referencing Ground 4.
b) Tenant’s statement that they were not warned.
c) Lack of emails, letters, or pre-tenancy communications about potential use of Ground 4.
3. Advancing your Defence
3
Possible Dispute 3
"No valid notice was provided before the tenancy started"
1. Explanation
The landlord must have clearly and explicitly warned the tenant in writing before the agreement that Ground 4 might be used.
2. Evidence
a) Absence of any clause in tenancy agreement referencing Ground 4.
b) Tenant’s statement that they were not warned.
c) Lack of emails, letters, or pre-tenancy communications about potential use of Ground 4.
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.