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Can This Ground Be Disputed?
Ground 7a Antisocial Behaviour
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Disputes Relating to Condition 1
Disputes Relating to
Condition 1
Conviction for a Serious Offence
What must be proved
The landlord must prove that:
A person (the tenant, someone living in the property, or someone visiting)
Was convicted of a serious offence (as defined in statutory regulations)
The offence was committed:
a) In the locality of the dwelling, or
b) Against someone who lives in or has a right to occupy accommodation in the locality, even if the offence occurred elsewhere, or
c) Against the landlord or someone employed by the landlord in connection with their housing management functions (regardless of location)
Additionally:
The offence must have been committed on or after 20 October 2014
The notice seeking possession must be served within 12 months of the conviction (or within 12 months of the appeal being decided, withdrawn, or abandoned)
What must be proved
The landlord must prove that:
A person (the tenant, someone living in the property, or someone visiting)
Was convicted of a serious offence (as defined in statutory regulations)
The offence was committed:
a) In the locality of the dwelling, or
b) Against someone who lives in or has a right to occupy accommodation in the locality, even if the offence occurred elsewhere, or
c) Against the landlord or someone employed by the landlord in connection with their housing management functions (regardless of location)
Additionally:
The offence must have been committed on or after 20 October 2014
The notice seeking possession must be served within 12 months of the conviction (or within 12 months of the appeal being decided, withdrawn, or abandoned)
What must be proved
The landlord must prove that:
A person (the tenant, someone living in the property, or someone visiting)
Was convicted of a serious offence (as defined in statutory regulations)
The offence was committed:
a) In the locality of the dwelling, or
b) Against someone who lives in or has a right to occupy accommodation in the locality, even if the offence occurred elsewhere, or
c) Against the landlord or someone employed by the landlord in connection with their housing management functions (regardless of location)
Additionally:
The offence must have been committed on or after 20 October 2014
The notice seeking possession must be served within 12 months of the conviction (or within 12 months of the appeal being decided, withdrawn, or abandoned)
1
Possible Dispute 1
"No qualifying conviction for a serious offence"
1. Explanation
If the person was acquitted, convicted of a non-serious offence, or the conviction was overturned or quashed, the condition fails.
2. Evidence
a) Court records or judgment confirming type of conviction
b) Offence classification under relevant regulations
c) Documentation of any appeal or quashing of conviction
3. Advancing your Defence
1
Possible Dispute 1
"No qualifying conviction for a serious offence"
1. Explanation
If the person was acquitted, convicted of a non-serious offence, or the conviction was overturned or quashed, the condition fails.
2. Evidence
a) Court records or judgment confirming type of conviction
b) Offence classification under relevant regulations
c) Documentation of any appeal or quashing of conviction
3. Advancing your Defence
1
Possible Dispute 1
"No qualifying conviction for a serious offence"
1. Explanation
If the person was acquitted, convicted of a non-serious offence, or the conviction was overturned or quashed, the condition fails.
2. Evidence
a) Court records or judgment confirming type of conviction
b) Offence classification under relevant regulations
c) Documentation of any appeal or quashing of conviction
3. Advancing your Defence
2
Possible Dispute 2
"The person was not the tenant, resident, or visitor"
1. Explanation
The person convicted must have been living in or visiting the property. If the person has no link to the household or property, the ground does not apply.
2. Evidence
a) Police incident reports indicating association with the address
b) Witness statements confirming or denying residence or visitation
c) Tenancy records showing approved occupants
3. Advancing your Defence
2
Possible Dispute 2
"The person was not the tenant, resident, or visitor"
1. Explanation
The person convicted must have been living in or visiting the property. If the person has no link to the household or property, the ground does not apply.
2. Evidence
a) Police incident reports indicating association with the address
b) Witness statements confirming or denying residence or visitation
c) Tenancy records showing approved occupants
3. Advancing your Defence
2
Possible Dispute 2
"The person was not the tenant, resident, or visitor"
1. Explanation
The person convicted must have been living in or visiting the property. If the person has no link to the household or property, the ground does not apply.
2. Evidence
a) Police incident reports indicating association with the address
b) Witness statements confirming or denying residence or visitation
c) Tenancy records showing approved occupants
3. Advancing your Defence
3
Possible Dispute 3
"Offence did not occur in the locality (limb a)"
1. Explanation
If the offence occurred outside the area around the property and is not connected to any victim in the locality, this part of the condition fails.
2. Evidence
a) Map or police report showing location of incident
b) Court records indicating location of the offence
c) Local authority documentation defining the “locality”
3. Advancing your Defence
3
Possible Dispute 3
"Offence did not occur in the locality (limb a)"
1. Explanation
If the offence occurred outside the area around the property and is not connected to any victim in the locality, this part of the condition fails.
2. Evidence
a) Map or police report showing location of incident
b) Court records indicating location of the offence
c) Local authority documentation defining the “locality”
3. Advancing your Defence
3
Possible Dispute 3
"Offence did not occur in the locality (limb a)"
1. Explanation
If the offence occurred outside the area around the property and is not connected to any victim in the locality, this part of the condition fails.
2. Evidence
a) Map or police report showing location of incident
b) Court records indicating location of the offence
c) Local authority documentation defining the “locality”
3. Advancing your Defence
4
Possible Dispute 4
"Offence not committed against a person living in or entitled to occupy property in the locality (limb b)"
1. Explanation
If the victim does not live or have a right to live in the local area, the offence does not fall within this limb.
2. Evidence
a) Victim impact statements or witness details showing residence
b) Tenancy agreements or housing records of the victim
c) Police statements or case summaries
3. Advancing your Defence
4
Possible Dispute 4
"Offence not committed against a person living in or entitled to occupy property in the locality (limb b)"
1. Explanation
If the victim does not live or have a right to live in the local area, the offence does not fall within this limb.
2. Evidence
a) Victim impact statements or witness details showing residence
b) Tenancy agreements or housing records of the victim
c) Police statements or case summaries
3. Advancing your Defence
4
Possible Dispute 4
"Offence not committed against a person living in or entitled to occupy property in the locality (limb b)"
1. Explanation
If the victim does not live or have a right to live in the local area, the offence does not fall within this limb.
2. Evidence
a) Victim impact statements or witness details showing residence
b) Tenancy agreements or housing records of the victim
c) Police statements or case summaries
3. Advancing your Defence
5
Possible Dispute 5
"Offence not committed against the landlord or their housing staff (limb c)"
1. Explanation
This condition is only satisfied if the offence was against the landlord or someone employed in housing management functions. If the victim was not involved in housing, the ground fails.
2. Evidence
a) Proof of the victim’s employment in housing (e.g., contract, ID, job description)
b) Case records linking victim to housing duties
c) Statements from the landlord or employer
3. Advancing your Defence
5
Possible Dispute 5
"Offence not committed against the landlord or their housing staff (limb c)"
1. Explanation
This condition is only satisfied if the offence was against the landlord or someone employed in housing management functions. If the victim was not involved in housing, the ground fails.
2. Evidence
a) Proof of the victim’s employment in housing (e.g., contract, ID, job description)
b) Case records linking victim to housing duties
c) Statements from the landlord or employer
3. Advancing your Defence
5
Possible Dispute 5
"Offence not committed against the landlord or their housing staff (limb c)"
1. Explanation
This condition is only satisfied if the offence was against the landlord or someone employed in housing management functions. If the victim was not involved in housing, the ground fails.
2. Evidence
a) Proof of the victim’s employment in housing (e.g., contract, ID, job description)
b) Case records linking victim to housing duties
c) Statements from the landlord or employer
3. Advancing your Defence
6
Possible Dispute 6
"The offence occurred before 20 October 2014"
1. Explanation
The legislation only applies to offences committed on or after 20 October 2014. Earlier offences do not qualify.
2. Evidence
a) Criminal charge sheet and court documents
b) Date of the incident recorded by police or court
3. Advancing your Defence
6
Possible Dispute 6
"The offence occurred before 20 October 2014"
1. Explanation
The legislation only applies to offences committed on or after 20 October 2014. Earlier offences do not qualify.
2. Evidence
a) Criminal charge sheet and court documents
b) Date of the incident recorded by police or court
3. Advancing your Defence
6
Possible Dispute 6
"The offence occurred before 20 October 2014"
1. Explanation
The legislation only applies to offences committed on or after 20 October 2014. Earlier offences do not qualify.
2. Evidence
a) Criminal charge sheet and court documents
b) Date of the incident recorded by police or court
3. Advancing your Defence
7
Possible Dispute 7
"Notice served outside 12-month time limit"
1. Explanation
The section 8 notice must be served within 12 months of the conviction, or if appealed, within 12 months of the final appeal outcome.
2. Evidence
a) Date of conviction (or appeal decision)
b) Copy of notice seeking possession showing service date
c) Appeal records where applicable
3. Advancing your Defence
7
Possible Dispute 7
"Notice served outside 12-month time limit"
1. Explanation
The section 8 notice must be served within 12 months of the conviction, or if appealed, within 12 months of the final appeal outcome.
2. Evidence
a) Date of conviction (or appeal decision)
b) Copy of notice seeking possession showing service date
c) Appeal records where applicable
3. Advancing your Defence
7
Possible Dispute 7
"Notice served outside 12-month time limit"
1. Explanation
The section 8 notice must be served within 12 months of the conviction, or if appealed, within 12 months of the final appeal outcome.
2. Evidence
a) Date of conviction (or appeal decision)
b) Copy of notice seeking possession showing service date
c) Appeal records where applicable
3. Advancing your Defence
Disputes Relating to Condition 2
Disputes Relating to
Condition 2
Breach of an Injunction to Prevent Nuisance or Annoyance
What must be proved
A court has made a finding that there was a breach of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.
The injunction was granted to prevent nuisance or annoyance.
The breach was:
a) Either in the locality, or
b) Elsewhere, but the injunction was granted to protect:
i) a person with a right to occupy accommodation in the locality, or
ii) the landlord or someone employed in connection with housing functions.
What must be proved
A court has made a finding that there was a breach of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.
The injunction was granted to prevent nuisance or annoyance.
The breach was:
a) Either in the locality, or
b) Elsewhere, but the injunction was granted to protect:
i) a person with a right to occupy accommodation in the locality, or
ii) the landlord or someone employed in connection with housing functions.
What must be proved
A court has made a finding that there was a breach of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014.
The injunction was granted to prevent nuisance or annoyance.
The breach was:
a) Either in the locality, or
b) Elsewhere, but the injunction was granted to protect:
i) a person with a right to occupy accommodation in the locality, or
ii) the landlord or someone employed in connection with housing functions.
1
Possible Dispute 1
"No court finding of a breach"
1. Explanation
It must be a breach found by the court, not merely alleged or suspected.
2. Evidence
a) Absence of court order confirming breach
b) Transcript of proceedings or judgment
c) Confirmation from legal representatives
3. Advancing your Defence
1
Possible Dispute 1
"No court finding of a breach"
1. Explanation
It must be a breach found by the court, not merely alleged or suspected.
2. Evidence
a) Absence of court order confirming breach
b) Transcript of proceedings or judgment
c) Confirmation from legal representatives
3. Advancing your Defence
1
Possible Dispute 1
"No court finding of a breach"
1. Explanation
It must be a breach found by the court, not merely alleged or suspected.
2. Evidence
a) Absence of court order confirming breach
b) Transcript of proceedings or judgment
c) Confirmation from legal representatives
3. Advancing your Defence
2
Possible Dispute 2
"The injunction was not for nuisance or annoyance"
1. Explanation
The injunction must specifically be for preventing nuisance or annoyance (not other behaviour like unauthorised access).
2. Evidence
a) Copy of the injunction showing its statutory basis and purpose
b) Court order or pleadings outlining the purpose of the injunction
3. Advancing your Defence
2
Possible Dispute 2
"The injunction was not for nuisance or annoyance"
1. Explanation
The injunction must specifically be for preventing nuisance or annoyance (not other behaviour like unauthorised access).
2. Evidence
a) Copy of the injunction showing its statutory basis and purpose
b) Court order or pleadings outlining the purpose of the injunction
3. Advancing your Defence
2
Possible Dispute 2
"The injunction was not for nuisance or annoyance"
1. Explanation
The injunction must specifically be for preventing nuisance or annoyance (not other behaviour like unauthorised access).
2. Evidence
a) Copy of the injunction showing its statutory basis and purpose
b) Court order or pleadings outlining the purpose of the injunction
3. Advancing your Defence
3
Possible Dispute 3
"The breach was only a failure to participate in an activity"
1. Explanation
A failure to comply with a positive obligation (e.g. attending mediation) is not enough.
2. Evidence
a) Terms of injunction (e.g. requirement to attend a programme)
b) Findings of the court relating to type of breach
c) Any communications showing non-attendance versus actual misbehaviour
3. Advancing your Defence
3
Possible Dispute 3
"The breach was only a failure to participate in an activity"
1. Explanation
A failure to comply with a positive obligation (e.g. attending mediation) is not enough.
2. Evidence
a) Terms of injunction (e.g. requirement to attend a programme)
b) Findings of the court relating to type of breach
c) Any communications showing non-attendance versus actual misbehaviour
3. Advancing your Defence
3
Possible Dispute 3
"The breach was only a failure to participate in an activity"
1. Explanation
A failure to comply with a positive obligation (e.g. attending mediation) is not enough.
2. Evidence
a) Terms of injunction (e.g. requirement to attend a programme)
b) Findings of the court relating to type of breach
c) Any communications showing non-attendance versus actual misbehaviour
3. Advancing your Defence
4
Possible Dispute 4
"The breach occurred outside the locality and did not affect a protected person"
1. Explanation
If the breach occurred outside the locality and was not linked to someone in the locality or to the landlord/staff, the ground fails.
2. Evidence
a) Location of breach from court records
b) Identity and residence or employment details of affected person
c) Proof they are not a resident or employee involved in housing management
3. Advancing your Defence
4
Possible Dispute 4
"The breach occurred outside the locality and did not affect a protected person"
1. Explanation
If the breach occurred outside the locality and was not linked to someone in the locality or to the landlord/staff, the ground fails.
2. Evidence
a) Location of breach from court records
b) Identity and residence or employment details of affected person
c) Proof they are not a resident or employee involved in housing management
3. Advancing your Defence
4
Possible Dispute 4
"The breach occurred outside the locality and did not affect a protected person"
1. Explanation
If the breach occurred outside the locality and was not linked to someone in the locality or to the landlord/staff, the ground fails.
2. Evidence
a) Location of breach from court records
b) Identity and residence or employment details of affected person
c) Proof they are not a resident or employee involved in housing management
3. Advancing your Defence
5
Possible Dispute 5
"Notice served out of time"
1. Explanation
Must be within 12 months of the court’s finding of breach (or of appeal resolution).
2. Evidence
a) Court order date
b) Copy of the notice and certificate of service
c) Appeal documents, if any
3. Advancing your Defence
5
Possible Dispute 5
"Notice served out of time"
1. Explanation
Must be within 12 months of the court’s finding of breach (or of appeal resolution).
2. Evidence
a) Court order date
b) Copy of the notice and certificate of service
c) Appeal documents, if any
3. Advancing your Defence
5
Possible Dispute 5
"Notice served out of time"
1. Explanation
Must be within 12 months of the court’s finding of breach (or of appeal resolution).
2. Evidence
a) Court order date
b) Copy of the notice and certificate of service
c) Appeal documents, if any
3. Advancing your Defence
Disputes Relating to Condition 3
Disputes Relating to
Condition 3
Breach of Criminal Behaviour Order (CBO)
What must be proved
The tenant (or someone living in or visiting the property) has been convicted of breaching a CBO.
The CBO prohibits conduct:
a) Either in the locality, orb) Elsewhere but was intended to protect:
i) someone living in or with a right to occupy accommodation in the locality, or
ii) the landlord or a member of their housing management staff.
The notice must be served within 12 months of the conviction, or within 12 months of appeal outcome.
What must be proved
The tenant (or someone living in or visiting the property) has been convicted of breaching a CBO.
The CBO prohibits conduct:
a) Either in the locality, orb) Elsewhere but was intended to protect:
i) someone living in or with a right to occupy accommodation in the locality, or
ii) the landlord or a member of their housing management staff.
The notice must be served within 12 months of the conviction, or within 12 months of appeal outcome.
What must be proved
The tenant (or someone living in or visiting the property) has been convicted of breaching a CBO.
The CBO prohibits conduct:
a) Either in the locality, orb) Elsewhere but was intended to protect:
i) someone living in or with a right to occupy accommodation in the locality, or
ii) the landlord or a member of their housing management staff.
The notice must be served within 12 months of the conviction, or within 12 months of appeal outcome.
1
Possible Dispute 1
"No conviction for breach of a CBO"
1. Explanation
There must be a criminal conviction, not just a warning or complaint.
2. Evidence
a) Court conviction records
b) Charge sheet and judgment
c) Police file or case disposition
3. Advancing your Defence
1
Possible Dispute 1
"No conviction for breach of a CBO"
1. Explanation
There must be a criminal conviction, not just a warning or complaint.
2. Evidence
a) Court conviction records
b) Charge sheet and judgment
c) Police file or case disposition
3. Advancing your Defence
1
Possible Dispute 1
"No conviction for breach of a CBO"
1. Explanation
There must be a criminal conviction, not just a warning or complaint.
2. Evidence
a) Court conviction records
b) Charge sheet and judgment
c) Police file or case disposition
3. Advancing your Defence
2
Possible Dispute 2
"The individual was not connected to the property"
1. Explanation
The person must be the tenant, a resident, or a visitor.
2. Evidence
a) Housing records or visitor logs
b) Witness statements
c) Correspondence between landlord and tenant
3. Advancing your Defence
2
Possible Dispute 2
"The individual was not connected to the property"
1. Explanation
The person must be the tenant, a resident, or a visitor.
2. Evidence
a) Housing records or visitor logs
b) Witness statements
c) Correspondence between landlord and tenant
3. Advancing your Defence
2
Possible Dispute 2
"The individual was not connected to the property"
1. Explanation
The person must be the tenant, a resident, or a visitor.
2. Evidence
a) Housing records or visitor logs
b) Witness statements
c) Correspondence between landlord and tenant
3. Advancing your Defence
3
Possible Dispute 3
"The CBO did not prohibit conduct in the locality or protect a relevant person"
1. Explanation
The breach must relate to locality-based conduct or intended protection of a resident or housing worker.
2. Evidence
a) Text of the CBO
b) Description of prohibited conduct
c) Evidence of victim’s residence or housing role
3. Advancing your Defence
3
Possible Dispute 3
"The CBO did not prohibit conduct in the locality or protect a relevant person"
1. Explanation
The breach must relate to locality-based conduct or intended protection of a resident or housing worker.
2. Evidence
a) Text of the CBO
b) Description of prohibited conduct
c) Evidence of victim’s residence or housing role
3. Advancing your Defence
3
Possible Dispute 3
"The CBO did not prohibit conduct in the locality or protect a relevant person"
1. Explanation
The breach must relate to locality-based conduct or intended protection of a resident or housing worker.
2. Evidence
a) Text of the CBO
b) Description of prohibited conduct
c) Evidence of victim’s residence or housing role
3. Advancing your Defence
4
Possible Dispute 4
"Notice served out of time"
1. Explanation
Service must be within 12 months of conviction or of appeal decision.
2. Evidence
a) Date of conviction or appeal
b) Notice and proof of service
3. Advancing your Defence
4
Possible Dispute 4
"Notice served out of time"
1. Explanation
Service must be within 12 months of conviction or of appeal decision.
2. Evidence
a) Date of conviction or appeal
b) Notice and proof of service
3. Advancing your Defence
4
Possible Dispute 4
"Notice served out of time"
1. Explanation
Service must be within 12 months of conviction or of appeal decision.
2. Evidence
a) Date of conviction or appeal
b) Notice and proof of service
3. Advancing your Defence
Disputes Relating to Condition 4
Disputes Relating to
Condition 3
Closure Order
What must be proved
A closure order has been made in relation to the tenant’s property.
Access to the premises was prohibited for more than 48 hours.
The notice must be served within 3 months of the closure order (or appeal conclusion).
What must be proved
A closure order has been made in relation to the tenant’s property.
Access to the premises was prohibited for more than 48 hours.
The notice must be served within 3 months of the closure order (or appeal conclusion).
What must be proved
A closure order has been made in relation to the tenant’s property.
Access to the premises was prohibited for more than 48 hours.
The notice must be served within 3 months of the closure order (or appeal conclusion).
1
Possible Dispute 1
"No closure order exists"
1. Explanation
A closure notice or application is not enough — an actual order must be granted by the court.
2. Evidence
a) Court order granting the closure
b) Evidence that it applies to the property in question
3. Advancing your Defence
1
Possible Dispute 1
"No closure order exists"
1. Explanation
A closure notice or application is not enough — an actual order must be granted by the court.
2. Evidence
a) Court order granting the closure
b) Evidence that it applies to the property in question
3. Advancing your Defence
1
Possible Dispute 1
"No closure order exists"
1. Explanation
A closure notice or application is not enough — an actual order must be granted by the court.
2. Evidence
a) Court order granting the closure
b) Evidence that it applies to the property in question
3. Advancing your Defence
2
Possible Dispute 2
"The order did not prohibit access for more than 48 hours"
1. Explanation
If the access prohibition was less than 48 hours or was limited (e.g., only at certain hours), this condition is not satisfied.
2. Evidence
a) Terms of closure order
b) Statements from enforcement officers or police
c) Entry logs, inspection reports
3. Advancing your Defence
2
Possible Dispute 2
"The order did not prohibit access for more than 48 hours"
1. Explanation
If the access prohibition was less than 48 hours or was limited (e.g., only at certain hours), this condition is not satisfied.
2. Evidence
a) Terms of closure order
b) Statements from enforcement officers or police
c) Entry logs, inspection reports
3. Advancing your Defence
2
Possible Dispute 2
"The order did not prohibit access for more than 48 hours"
1. Explanation
If the access prohibition was less than 48 hours or was limited (e.g., only at certain hours), this condition is not satisfied.
2. Evidence
a) Terms of closure order
b) Statements from enforcement officers or police
c) Entry logs, inspection reports
3. Advancing your Defence
3
Possible Dispute 3
"Notice served out of time"
1. Explanation
Must be served within 3 months of the order or appeal resolution.
2. Evidence
a) Closure order date
b) Appeal record (if applicable)
c) Service record of possession notice
3. Advancing your Defence
3
Possible Dispute 3
"Notice served out of time"
1. Explanation
Must be served within 3 months of the order or appeal resolution.
2. Evidence
a) Closure order date
b) Appeal record (if applicable)
c) Service record of possession notice
3. Advancing your Defence
3
Possible Dispute 3
"Notice served out of time"
1. Explanation
Must be served within 3 months of the order or appeal resolution.
2. Evidence
a) Closure order date
b) Appeal record (if applicable)
c) Service record of possession notice
3. Advancing your Defence
Disputes Relating to Condition 5
Disputes Relating to
Condition 3
Noise Nuisance Conviction
What must be proved
The tenant, or someone living in or visiting the property, has been convicted of an offence for:
a) breaching a noise abatement notice, or
b) breaching a court order in relation to noise nuisanceThe notice must be served within 12 months of conviction, or of appeal decision
What must be proved
The tenant, or someone living in or visiting the property, has been convicted of an offence for:
a) breaching a noise abatement notice, or
b) breaching a court order in relation to noise nuisanceThe notice must be served within 12 months of conviction, or of appeal decision
What must be proved
The tenant, or someone living in or visiting the property, has been convicted of an offence for:
a) breaching a noise abatement notice, or
b) breaching a court order in relation to noise nuisanceThe notice must be served within 12 months of conviction, or of appeal decision
1
Possible Dispute 1
"No conviction for breach of a noise abatement notice or order"
1. Explanation
A complaint or warning from the council is not enough; there must be a conviction.
2. Evidence
a) Magistrates’ court records
b) Council documentation of enforcement and prosecution
c) Audio recordings, witness statements
3. Advancing your Defence
1
Possible Dispute 1
"No conviction for breach of a noise abatement notice or order"
1. Explanation
A complaint or warning from the council is not enough; there must be a conviction.
2. Evidence
a) Magistrates’ court records
b) Council documentation of enforcement and prosecution
c) Audio recordings, witness statements
3. Advancing your Defence
1
Possible Dispute 1
"No conviction for breach of a noise abatement notice or order"
1. Explanation
A complaint or warning from the council is not enough; there must be a conviction.
2. Evidence
a) Magistrates’ court records
b) Council documentation of enforcement and prosecution
c) Audio recordings, witness statements
3. Advancing your Defence
2
Possible Dispute 2
"The person was not a tenant, occupier, or visitor"
1. Explanation
The ground only applies if the offender is tied to the tenancy.
2. Evidence
a) Identity and link to the property
b) Visitor logs, housing records
c) Statements from tenant or landlord
3. Advancing your Defence
2
Possible Dispute 2
"The person was not a tenant, occupier, or visitor"
1. Explanation
The ground only applies if the offender is tied to the tenancy.
2. Evidence
a) Identity and link to the property
b) Visitor logs, housing records
c) Statements from tenant or landlord
3. Advancing your Defence
2
Possible Dispute 2
"The person was not a tenant, occupier, or visitor"
1. Explanation
The ground only applies if the offender is tied to the tenancy.
2. Evidence
a) Identity and link to the property
b) Visitor logs, housing records
c) Statements from tenant or landlord
3. Advancing your Defence
3
Possible Dispute 3
"Notice served out of time"
1. Explanation
Must be served within 12 months of the conviction (or appeal resolution).
2. Evidence
a) Conviction and sentencing documents
b) Proof of date of service of notice
c) Timeline showing gap between conviction and notice
3. Advancing your Defence
3
Possible Dispute 3
"Notice served out of time"
1. Explanation
Must be served within 12 months of the conviction (or appeal resolution).
2. Evidence
a) Conviction and sentencing documents
b) Proof of date of service of notice
c) Timeline showing gap between conviction and notice
3. Advancing your Defence
3
Possible Dispute 3
"Notice served out of time"
1. Explanation
Must be served within 12 months of the conviction (or appeal resolution).
2. Evidence
a) Conviction and sentencing documents
b) Proof of date of service of notice
c) Timeline showing gap between conviction and 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‘?
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
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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.