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Can This Ground Be Disputed?
Ground 8 Serious Rent Arrears
1
Possible Dispute 1
"Arrears were below the threshold at the time the notice was served"
1. Explanation
If the rent arrears did not meet the minimum amount at the time the landlord served the Section 8 notice, the ground fails.
2. Evidence
a) Rent account statements
b) Bank records showing payments made just before the notice
c) Payment receipts or rent reconciliation documents
3. Advancing your Defence
1
Possible Dispute 1
"Arrears were below the threshold at the time the notice was served"
1. Explanation
If the rent arrears did not meet the minimum amount at the time the landlord served the Section 8 notice, the ground fails.
2. Evidence
a) Rent account statements
b) Bank records showing payments made just before the notice
c) Payment receipts or rent reconciliation documents
3. Advancing your Defence
1
Possible Dispute 1
"Arrears were below the threshold at the time the notice was served"
1. Explanation
If the rent arrears did not meet the minimum amount at the time the landlord served the Section 8 notice, the ground fails.
2. Evidence
a) Rent account statements
b) Bank records showing payments made just before the notice
c) Payment receipts or rent reconciliation documents
3. Advancing your Defence
2
Possible Dispute 2
"Arrears were below the threshold at the date of the hearing"
1. Explanation
Even if the threshold was met at the time of notice, the tenant may have reduced arrears before the court hearing. If the arrears drop below the threshold by the date of the hearing, the ground fails.
2. Evidence
a) Updated rent statements
b) Proof of payments made after notice but before hearing
c) Tenant's bank statements or standing order confirmations
3. Advancing your Defence
2
Possible Dispute 2
"Arrears were below the threshold at the date of the hearing"
1. Explanation
Even if the threshold was met at the time of notice, the tenant may have reduced arrears before the court hearing. If the arrears drop below the threshold by the date of the hearing, the ground fails.
2. Evidence
a) Updated rent statements
b) Proof of payments made after notice but before hearing
c) Tenant's bank statements or standing order confirmations
3. Advancing your Defence
2
Possible Dispute 2
"Arrears were below the threshold at the date of the hearing"
1. Explanation
Even if the threshold was met at the time of notice, the tenant may have reduced arrears before the court hearing. If the arrears drop below the threshold by the date of the hearing, the ground fails.
2. Evidence
a) Updated rent statements
b) Proof of payments made after notice but before hearing
c) Tenant's bank statements or standing order confirmations
3. Advancing your Defence
3
Possible Dispute 3
"Disputed rent amount or miscalculated arrears"
1. Explanation
The landlord’s figures may be incorrect due to overcharging, failure to credit housing benefit, or rent reductions.
2. Evidence
a) Rent schedule or ledger
b) Housing benefit payment records
c) Tenancy agreement showing agreed rent
d) Correspondence confirming any agreed reductions or adjustments
3. Advancing your Defence
3
Possible Dispute 3
"Disputed rent amount or miscalculated arrears"
1. Explanation
The landlord’s figures may be incorrect due to overcharging, failure to credit housing benefit, or rent reductions.
2. Evidence
a) Rent schedule or ledger
b) Housing benefit payment records
c) Tenancy agreement showing agreed rent
d) Correspondence confirming any agreed reductions or adjustments
3. Advancing your Defence
3
Possible Dispute 3
"Disputed rent amount or miscalculated arrears"
1. Explanation
The landlord’s figures may be incorrect due to overcharging, failure to credit housing benefit, or rent reductions.
2. Evidence
a) Rent schedule or ledger
b) Housing benefit payment records
c) Tenancy agreement showing agreed rent
d) Correspondence confirming any agreed reductions or adjustments
3. Advancing your Defence
4
Possible Dispute 4
"Payment frequency has been misapplied"
1. Explanation
The calculation must correspond to the payment schedule (weekly, monthly, etc.). If the wrong frequency is used to assess arrears, the threshold test may not be satisfied.
2. Evidence
a) Tenancy agreement confirming rent frequency
b) Rent account analysis
c) Expert opinion (if rent calculations are complex)
3. Advancing your Defence
4
Possible Dispute 4
"Payment frequency has been misapplied"
1. Explanation
The calculation must correspond to the payment schedule (weekly, monthly, etc.). If the wrong frequency is used to assess arrears, the threshold test may not be satisfied.
2. Evidence
a) Tenancy agreement confirming rent frequency
b) Rent account analysis
c) Expert opinion (if rent calculations are complex)
3. Advancing your Defence
4
Possible Dispute 4
"Payment frequency has been misapplied"
1. Explanation
The calculation must correspond to the payment schedule (weekly, monthly, etc.). If the wrong frequency is used to assess arrears, the threshold test may not be satisfied.
2. Evidence
a) Tenancy agreement confirming rent frequency
b) Rent account analysis
c) Expert opinion (if rent calculations are complex)
3. Advancing your Defence
5
Possible Dispute 5
"The person in arrears is not the current tenant"
1. Explanation
If the tenant has changed due to assignment or succession and the arrears relate to a previous occupier, the ground cannot be used against the new tenant.
2. Evidence
a) Tenancy assignment documents or succession confirmation
b) Account showing when arrears accrued and who occupied at the time
3. Advancing your Defence
5
Possible Dispute 5
"The person in arrears is not the current tenant"
1. Explanation
If the tenant has changed due to assignment or succession and the arrears relate to a previous occupier, the ground cannot be used against the new tenant.
2. Evidence
a) Tenancy assignment documents or succession confirmation
b) Account showing when arrears accrued and who occupied at the time
3. Advancing your Defence
5
Possible Dispute 5
"The person in arrears is not the current tenant"
1. Explanation
If the tenant has changed due to assignment or succession and the arrears relate to a previous occupier, the ground cannot be used against the new tenant.
2. Evidence
a) Tenancy assignment documents or succession confirmation
b) Account showing when arrears accrued and who occupied at the time
3. Advancing your Defence
6
Possible Dispute 6
"The landlord did not properly serve a valid notice"
1. Explanation
Ground 8 requires a valid Section 8 notice with correct form, ground number, explanation, and notice period. A defective notice invalidates the claim.
2. Evidence
a) Copy of the Section 8 notice
b) Proof of service
c) Review of content against statutory requirements
3. Advancing your Defence
6
Possible Dispute 6
"The landlord did not properly serve a valid notice"
1. Explanation
Ground 8 requires a valid Section 8 notice with correct form, ground number, explanation, and notice period. A defective notice invalidates the claim.
2. Evidence
a) Copy of the Section 8 notice
b) Proof of service
c) Review of content against statutory requirements
3. Advancing your Defence
6
Possible Dispute 6
"The landlord did not properly serve a valid notice"
1. Explanation
Ground 8 requires a valid Section 8 notice with correct form, ground number, explanation, and notice period. A defective notice invalidates the claim.
2. Evidence
a) Copy of the Section 8 notice
b) Proof of service
c) Review of content against statutory requirements
3. Advancing your Defence
7
Possible Dispute 7
"Tender: The tenant offered to pay the arrears but the landlord refused"
1. Explanation
If the tenant attempted to pay the arrears (either partially or in full) and the landlord refused to accept payment, this can defeat the claim. The law recognises that a genuine offer (tender) of payment that would have reduced arrears below the threshold, if accepted, may invalidate Ground 8.
This is especially relevant where:
a) The tenant tried to pay in person or by bank transfer
b) The landlord deliberately refused payment to ensure arrears remained above the threshold
2. Evidence
a) Bank statements or proof of attempted payment
b) Witness statements from tenant or third parties
c) Texts, emails, or letters showing landlord’s refusal to accept payment
d) Any returned payments or blocked standing orders
3. Advancing your Defence
7
Possible Dispute 7
"Tender: The tenant offered to pay the arrears but the landlord refused"
1. Explanation
If the tenant attempted to pay the arrears (either partially or in full) and the landlord refused to accept payment, this can defeat the claim. The law recognises that a genuine offer (tender) of payment that would have reduced arrears below the threshold, if accepted, may invalidate Ground 8.
This is especially relevant where:
a) The tenant tried to pay in person or by bank transfer
b) The landlord deliberately refused payment to ensure arrears remained above the threshold
2. Evidence
a) Bank statements or proof of attempted payment
b) Witness statements from tenant or third parties
c) Texts, emails, or letters showing landlord’s refusal to accept payment
d) Any returned payments or blocked standing orders
3. Advancing your Defence
7
Possible Dispute 7
"Tender: The tenant offered to pay the arrears but the landlord refused"
1. Explanation
If the tenant attempted to pay the arrears (either partially or in full) and the landlord refused to accept payment, this can defeat the claim. The law recognises that a genuine offer (tender) of payment that would have reduced arrears below the threshold, if accepted, may invalidate Ground 8.
This is especially relevant where:
a) The tenant tried to pay in person or by bank transfer
b) The landlord deliberately refused payment to ensure arrears remained above the threshold
2. Evidence
a) Bank statements or proof of attempted payment
b) Witness statements from tenant or third parties
c) Texts, emails, or letters showing landlord’s refusal to accept payment
d) Any returned payments or blocked standing orders
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.