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Can This Ground Be Disputed?
Ground 7 Death of the Tenant
1
Possible Dispute 1
"The tenancy was transferred by succession, not by will or intestacy"
1. Explanation
Ground 7 cannot be used if the current occupier succeeded the tenancy through statutory succession (e.g., a spouse or family member living with the deceased tenant).
2. Evidence
a) Proof of qualifying succession (e.g., tenant’s death certificate, evidence of living with the deceased for 12+ months).
b) Housing records, witness statements, or tenancy audits showing joint occupancy prior to death.
c) Previous landlord correspondence acknowledging a statutory successor.
3. Advancing your Defence
1
Possible Dispute 1
"The tenancy was transferred by succession, not by will or intestacy"
1. Explanation
Ground 7 cannot be used if the current occupier succeeded the tenancy through statutory succession (e.g., a spouse or family member living with the deceased tenant).
2. Evidence
a) Proof of qualifying succession (e.g., tenant’s death certificate, evidence of living with the deceased for 12+ months).
b) Housing records, witness statements, or tenancy audits showing joint occupancy prior to death.
c) Previous landlord correspondence acknowledging a statutory successor.
3. Advancing your Defence
1
Possible Dispute 1
"The tenancy was transferred by succession, not by will or intestacy"
1. Explanation
Ground 7 cannot be used if the current occupier succeeded the tenancy through statutory succession (e.g., a spouse or family member living with the deceased tenant).
2. Evidence
a) Proof of qualifying succession (e.g., tenant’s death certificate, evidence of living with the deceased for 12+ months).
b) Housing records, witness statements, or tenancy audits showing joint occupancy prior to death.
c) Previous landlord correspondence acknowledging a statutory successor.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord failed to bring possession proceedings within 12 months"
1. Explanation
The landlord must issue the possession claim within 12 months of the tenant’s death, or of them becoming aware of the death. If they miss this deadline, the ground fails unless the court grants discretion.
2. Evidence
a) Death certificate of the former tenant.
b) Court documents showing date the claim was issued.
c) Landlord’s internal records or correspondence indicating when they were notified or became aware of the death.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord failed to bring possession proceedings within 12 months"
1. Explanation
The landlord must issue the possession claim within 12 months of the tenant’s death, or of them becoming aware of the death. If they miss this deadline, the ground fails unless the court grants discretion.
2. Evidence
a) Death certificate of the former tenant.
b) Court documents showing date the claim was issued.
c) Landlord’s internal records or correspondence indicating when they were notified or became aware of the death.
3. Advancing your Defence
2
Possible Dispute 2
"The landlord failed to bring possession proceedings within 12 months"
1. Explanation
The landlord must issue the possession claim within 12 months of the tenant’s death, or of them becoming aware of the death. If they miss this deadline, the ground fails unless the court grants discretion.
2. Evidence
a) Death certificate of the former tenant.
b) Court documents showing date the claim was issued.
c) Landlord’s internal records or correspondence indicating when they were notified or became aware of the death.
3. Advancing your Defence
3
Possible Dispute 3
"The current occupier has acquired tenancy rights independently"
1. Explanation
The occupier may have been granted a new tenancy by the landlord’s conduct (renewing agreement). This may bar use of Ground 7.
2. Evidence
a) Rent statements showing continued acceptance of rent post-death.
b) Communications suggesting the landlord acknowledged or created a new tenancy.
c) Statements or records from the occupier about post-death interactions with the landlord.
3. Advancing your Defence
3
Possible Dispute 3
"The current occupier has acquired tenancy rights independently"
1. Explanation
The occupier may have been granted a new tenancy by the landlord’s conduct (renewing agreement). This may bar use of Ground 7.
2. Evidence
a) Rent statements showing continued acceptance of rent post-death.
b) Communications suggesting the landlord acknowledged or created a new tenancy.
c) Statements or records from the occupier about post-death interactions with the landlord.
3. Advancing your Defence
3
Possible Dispute 3
"The current occupier has acquired tenancy rights independently"
1. Explanation
The occupier may have been granted a new tenancy by the landlord’s conduct (renewing agreement). This may bar use of Ground 7.
2. Evidence
a) Rent statements showing continued acceptance of rent post-death.
b) Communications suggesting the landlord acknowledged or created a new tenancy.
c) Statements or records from the occupier about post-death interactions with the landlord.
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.