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Can This Ground Be Disputed?
Ground 7b Tenant Does Not Have a Right to Rent
1
Possible Dispute 1
"No formal notice has been served by the Secretary of State"
1. Explanation
The ground cannot be used without a formal notice from the Home Office informing the landlord that at least one occupier does not have the right to rent.
2. Evidence
a) Absence of the “disqualification notice” under s.33D of the Immigration Act 2014
b) Written communication from the Home Office confirming no such notice exists
c) The landlord’s failure to produce the formal notice during proceedings
3. Advancing your Defence
1
Possible Dispute 1
"No formal notice has been served by the Secretary of State"
1. Explanation
The ground cannot be used without a formal notice from the Home Office informing the landlord that at least one occupier does not have the right to rent.
2. Evidence
a) Absence of the “disqualification notice” under s.33D of the Immigration Act 2014
b) Written communication from the Home Office confirming no such notice exists
c) The landlord’s failure to produce the formal notice during proceedings
3. Advancing your Defence
1
Possible Dispute 1
"No formal notice has been served by the Secretary of State"
1. Explanation
The ground cannot be used without a formal notice from the Home Office informing the landlord that at least one occupier does not have the right to rent.
2. Evidence
a) Absence of the “disqualification notice” under s.33D of the Immigration Act 2014
b) Written communication from the Home Office confirming no such notice exists
c) The landlord’s failure to produce the formal notice during proceedings
3. Advancing your Defence
2
Possible Dispute 2
"The tenant or occupier actually has a right to rent"
1. Explanation
The individual may have lawful immigration status but has been wrongly identified. If the person had the right to rent at the relevant time, the ground fails.
2. Evidence
a) Home Office status letter, visa, biometric residence permit
b) Proof of indefinite leave to remain, refugee status, or British/Irish citizenship
c) Legal correspondence confirming lawful status
3. Advancing your Defence
2
Possible Dispute 2
"The tenant or occupier actually has a right to rent"
1. Explanation
The individual may have lawful immigration status but has been wrongly identified. If the person had the right to rent at the relevant time, the ground fails.
2. Evidence
a) Home Office status letter, visa, biometric residence permit
b) Proof of indefinite leave to remain, refugee status, or British/Irish citizenship
c) Legal correspondence confirming lawful status
3. Advancing your Defence
2
Possible Dispute 2
"The tenant or occupier actually has a right to rent"
1. Explanation
The individual may have lawful immigration status but has been wrongly identified. If the person had the right to rent at the relevant time, the ground fails.
2. Evidence
a) Home Office status letter, visa, biometric residence permit
b) Proof of indefinite leave to remain, refugee status, or British/Irish citizenship
c) Legal correspondence confirming lawful status
3. Advancing your Defence
3
Possible Dispute 3
"All occupiers lack the right to rent"
1. Explanation
If every occupier is disqualified from renting, the assured tenancy automatically ends and Ground 7B cannot be used. The landlord must instead use the 28-day notice procedure under the Immigration Act 2016.
2. Evidence
a) Copy of the Secretary of State’s notice listing all disqualified occupiers
b) Tenancy agreement naming all occupiers
c) Home Office evidence confirming all are disqualified
3. Advancing your Defence
3
Possible Dispute 3
"All occupiers lack the right to rent"
1. Explanation
If every occupier is disqualified from renting, the assured tenancy automatically ends and Ground 7B cannot be used. The landlord must instead use the 28-day notice procedure under the Immigration Act 2016.
2. Evidence
a) Copy of the Secretary of State’s notice listing all disqualified occupiers
b) Tenancy agreement naming all occupiers
c) Home Office evidence confirming all are disqualified
3. Advancing your Defence
3
Possible Dispute 3
"All occupiers lack the right to rent"
1. Explanation
If every occupier is disqualified from renting, the assured tenancy automatically ends and Ground 7B cannot be used. The landlord must instead use the 28-day notice procedure under the Immigration Act 2016.
2. Evidence
a) Copy of the Secretary of State’s notice listing all disqualified occupiers
b) Tenancy agreement naming all occupiers
c) Home Office evidence confirming all are disqualified
3. Advancing your Defence
4
Possible Dispute 4
"The tenant acquired the right to rent after the notice was served"
1. Explanation
If the tenant later obtained lawful immigration status before possession proceedings are issued or concluded, the ground is no longer valid.
2. Evidence
a) Updated immigration status documents
b) Recent confirmation from the Home Office
c) Legal correspondence or tribunal appeal decision
3. Advancing your Defence
4
Possible Dispute 4
"The tenant acquired the right to rent after the notice was served"
1. Explanation
If the tenant later obtained lawful immigration status before possession proceedings are issued or concluded, the ground is no longer valid.
2. Evidence
a) Updated immigration status documents
b) Recent confirmation from the Home Office
c) Legal correspondence or tribunal appeal decision
3. Advancing your Defence
4
Possible Dispute 4
"The tenant acquired the right to rent after the notice was served"
1. Explanation
If the tenant later obtained lawful immigration status before possession proceedings are issued or concluded, the ground is no longer valid.
2. Evidence
a) Updated immigration status documents
b) Recent confirmation from the Home Office
c) Legal correspondence or tribunal appeal decision
3. Advancing your Defence
5
Possible Dispute 5
"The person affected is not a tenant or lawful occupier"
1. Explanation
Ground 7B only applies to those who are tenants or lawful occupiers. It cannot be used where the individual is a trespasser or unauthorised sub-tenant.
2. Evidence
a) Tenancy agreement or licence agreement showing named tenants
b) Witness statements or occupancy records
c) Correspondence confirming person’s lack of status within tenancy
3. Advancing your Defence
5
Possible Dispute 5
"The person affected is not a tenant or lawful occupier"
1. Explanation
Ground 7B only applies to those who are tenants or lawful occupiers. It cannot be used where the individual is a trespasser or unauthorised sub-tenant.
2. Evidence
a) Tenancy agreement or licence agreement showing named tenants
b) Witness statements or occupancy records
c) Correspondence confirming person’s lack of status within tenancy
3. Advancing your Defence
5
Possible Dispute 5
"The person affected is not a tenant or lawful occupier"
1. Explanation
Ground 7B only applies to those who are tenants or lawful occupiers. It cannot be used where the individual is a trespasser or unauthorised sub-tenant.
2. Evidence
a) Tenancy agreement or licence agreement showing named tenants
b) Witness statements or occupancy records
c) Correspondence confirming person’s lack of status within tenancy
3. Advancing your Defence
6
Possible Dispute 6
"The notice seeking possession is invalid or does not rely on Ground 7B"
1. Explanation
The landlord must serve a valid Section 8 notice that clearly states reliance on Ground 7B. If this is not done, the court may dismiss the claim.
2. Evidence
a) Copy of the section 8 notice
b) Certificate of service
c) Review of grounds listed on the notice
3. Advancing your Defence
6
Possible Dispute 6
"The notice seeking possession is invalid or does not rely on Ground 7B"
1. Explanation
The landlord must serve a valid Section 8 notice that clearly states reliance on Ground 7B. If this is not done, the court may dismiss the claim.
2. Evidence
a) Copy of the section 8 notice
b) Certificate of service
c) Review of grounds listed on the notice
3. Advancing your Defence
6
Possible Dispute 6
"The notice seeking possession is invalid or does not rely on Ground 7B"
1. Explanation
The landlord must serve a valid Section 8 notice that clearly states reliance on Ground 7B. If this is not done, the court may dismiss the claim.
2. Evidence
a) Copy of the section 8 notice
b) Certificate of service
c) Review of grounds listed on the 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‘?
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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.