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Can This Ground Be Disputed?
Ground 5 Property Required for Minister of Religion
1
Possible Dispute 1
"The property is not held for use by a minister of religion"
1. Explanation
The landlord must prove the property is designated or intended for occupation by ministers to carry out religious work. If the property is owned privately or used generally for housing, the ground cannot be used.
2. Evidence
a) Title deeds or trust documentation showing religious use designation.
b) Landlord’s governing documents (if a charity or religious trust).
c) Statements from the religious body confirming the property’s intended purpose.
3. Advancing your Defence
1
Possible Dispute 1
"The property is not held for use by a minister of religion"
1. Explanation
The landlord must prove the property is designated or intended for occupation by ministers to carry out religious work. If the property is owned privately or used generally for housing, the ground cannot be used.
2. Evidence
a) Title deeds or trust documentation showing religious use designation.
b) Landlord’s governing documents (if a charity or religious trust).
c) Statements from the religious body confirming the property’s intended purpose.
3. Advancing your Defence
1
Possible Dispute 1
"The property is not held for use by a minister of religion"
1. Explanation
The landlord must prove the property is designated or intended for occupation by ministers to carry out religious work. If the property is owned privately or used generally for housing, the ground cannot be used.
2. Evidence
a) Title deeds or trust documentation showing religious use designation.
b) Landlord’s governing documents (if a charity or religious trust).
c) Statements from the religious body confirming the property’s intended purpose.
3. Advancing your Defence
2
Possible Dispute 2
"The property is not currently required for use by a minister of religion"
1. Explanation
Even if the property is designated for ministerial use, Ground 5 cannot succeed unless a minister currently requires it. If there is no minister waiting or the need is speculative, the ground may fail.
2. Evidence
a) Letters or statements from the religious organisation stating that a minister has been appointed or is imminently taking up duties.
b) Church or organisational records showing relocation or new appointment.
c) Absence of a confirmed incoming minister could support the dispute.
3. Advancing your Defence
2
Possible Dispute 2
"The property is not currently required for use by a minister of religion"
1. Explanation
Even if the property is designated for ministerial use, Ground 5 cannot succeed unless a minister currently requires it. If there is no minister waiting or the need is speculative, the ground may fail.
2. Evidence
a) Letters or statements from the religious organisation stating that a minister has been appointed or is imminently taking up duties.
b) Church or organisational records showing relocation or new appointment.
c) Absence of a confirmed incoming minister could support the dispute.
3. Advancing your Defence
2
Possible Dispute 2
"The property is not currently required for use by a minister of religion"
1. Explanation
Even if the property is designated for ministerial use, Ground 5 cannot succeed unless a minister currently requires it. If there is no minister waiting or the need is speculative, the ground may fail.
2. Evidence
a) Letters or statements from the religious organisation stating that a minister has been appointed or is imminently taking up duties.
b) Church or organisational records showing relocation or new appointment.
c) Absence of a confirmed incoming minister could support the dispute.
3. Advancing your Defence
3
Possible Dispute 3
"No valid written notice was provided before the tenancy began"
1. Explanation
If the landlord failed to give clear and written notice of potential possession under Ground 5 before the tenancy started, they cannot rely on it.
2. Evidence
a) No clause in the tenancy agreement referencing Ground 5.
b) No record of written correspondence or documentation.
c) Tenant’s own testimony stating they were never warned.
3. Advancing your Defence
3
Possible Dispute 3
"No valid written notice was provided before the tenancy began"
1. Explanation
If the landlord failed to give clear and written notice of potential possession under Ground 5 before the tenancy started, they cannot rely on it.
2. Evidence
a) No clause in the tenancy agreement referencing Ground 5.
b) No record of written correspondence or documentation.
c) Tenant’s own testimony stating they were never warned.
3. Advancing your Defence
3
Possible Dispute 3
"No valid written notice was provided before the tenancy began"
1. Explanation
If the landlord failed to give clear and written notice of potential possession under Ground 5 before the tenancy started, they cannot rely on it.
2. Evidence
a) No clause in the tenancy agreement referencing Ground 5.
b) No record of written correspondence or documentation.
c) Tenant’s own testimony stating they were never warned.
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.