Step 3
Step 3
Step 3
Can This Ground Be Disputed?
Ground 9 Suitable Alternative Accommodation
1
Possible Dispute 1
"The alternative accommodation is not genuinely suitable"
1. Explanation
The proposed accommodation may be too small, in poor condition, far from support networks, unaffordable, or in a disruptive environment.
2. Evidence
a) Tenancy agreement for proposed property
b) Property inspection reports or photos
c) Affordability analysis (rent vs. income)
d) School, employment or care obligations near the current home
c) Statements from GP, social worker or support agencies
3. Advancing your Defence
1
Possible Dispute 1
"The alternative accommodation is not genuinely suitable"
1. Explanation
The proposed accommodation may be too small, in poor condition, far from support networks, unaffordable, or in a disruptive environment.
2. Evidence
a) Tenancy agreement for proposed property
b) Property inspection reports or photos
c) Affordability analysis (rent vs. income)
d) School, employment or care obligations near the current home
c) Statements from GP, social worker or support agencies
3. Advancing your Defence
1
Possible Dispute 1
"The alternative accommodation is not genuinely suitable"
1. Explanation
The proposed accommodation may be too small, in poor condition, far from support networks, unaffordable, or in a disruptive environment.
2. Evidence
a) Tenancy agreement for proposed property
b) Property inspection reports or photos
c) Affordability analysis (rent vs. income)
d) School, employment or care obligations near the current home
c) Statements from GP, social worker or support agencies
3. Advancing your Defence
2
Possible Dispute 2
"The accommodation will not be available at the relevant time"
1. Explanation
The property may not be ready, may still be tenanted, or may be subject to delay.
2. Evidence
a) Letting documents, completion schedules
b) Landlord's own correspondence indicating delay
c) Witness statement about readiness of property
3. Advancing your Defence
2
Possible Dispute 2
"The accommodation will not be available at the relevant time"
1. Explanation
The property may not be ready, may still be tenanted, or may be subject to delay.
2. Evidence
a) Letting documents, completion schedules
b) Landlord's own correspondence indicating delay
c) Witness statement about readiness of property
3. Advancing your Defence
2
Possible Dispute 2
"The accommodation will not be available at the relevant time"
1. Explanation
The property may not be ready, may still be tenanted, or may be subject to delay.
2. Evidence
a) Letting documents, completion schedules
b) Landlord's own correspondence indicating delay
c) Witness statement about readiness of property
3. Advancing your Defence
3
Possible Dispute 3
"The local authority certificate is missing or flawed"
1. Explanation
Without a valid certificate from a local authority, the landlord must independently prove suitability. If the certificate is incorrect, incomplete, or not issued, the court may find this element unproven.
2. Evidence
a) Absence or inconsistencies in the certificate
b) Challenge to assumptions used in the certificate
c) Witness evidence or tenancy details showing inconsistency
3. Advancing your Defence
3
Possible Dispute 3
"The local authority certificate is missing or flawed"
1. Explanation
Without a valid certificate from a local authority, the landlord must independently prove suitability. If the certificate is incorrect, incomplete, or not issued, the court may find this element unproven.
2. Evidence
a) Absence or inconsistencies in the certificate
b) Challenge to assumptions used in the certificate
c) Witness evidence or tenancy details showing inconsistency
3. Advancing your Defence
3
Possible Dispute 3
"The local authority certificate is missing or flawed"
1. Explanation
Without a valid certificate from a local authority, the landlord must independently prove suitability. If the certificate is incorrect, incomplete, or not issued, the court may find this element unproven.
2. Evidence
a) Absence or inconsistencies in the certificate
b) Challenge to assumptions used in the certificate
c) Witness evidence or tenancy details showing inconsistency
3. Advancing your Defence
4
Possible Dispute 4
"The security of tenure is not reasonably equivalent"
1. Explanation
If the new tenancy is on significantly weaker terms (e.g., a license or short fixed-term AST), it is not comparable to the current secure/assured tenancy.
2. Evidence
a) Proposed tenancy agreement
b) Legal comparison of existing and new tenancy types
3. Advancing your Defence
4
Possible Dispute 4
"The security of tenure is not reasonably equivalent"
1. Explanation
If the new tenancy is on significantly weaker terms (e.g., a license or short fixed-term AST), it is not comparable to the current secure/assured tenancy.
2. Evidence
a) Proposed tenancy agreement
b) Legal comparison of existing and new tenancy types
3. Advancing your Defence
4
Possible Dispute 4
"The security of tenure is not reasonably equivalent"
1. Explanation
If the new tenancy is on significantly weaker terms (e.g., a license or short fixed-term AST), it is not comparable to the current secure/assured tenancy.
2. Evidence
a) Proposed tenancy agreement
b) Legal comparison of existing and new tenancy types
3. Advancing your Defence
5
Possible Dispute 5
"The tenant has specific needs that the accommodation fails to meet"
1. Explanation
A tenant with disabilities, health conditions, or caring responsibilities may require tailored housing features or a specific location.
2. Evidence
a) Medical or social care reports
b) Evidence of adaptations needed
c) Statements from carers or advocates
3. Advancing your Defence
5
Possible Dispute 5
"The tenant has specific needs that the accommodation fails to meet"
1. Explanation
A tenant with disabilities, health conditions, or caring responsibilities may require tailored housing features or a specific location.
2. Evidence
a) Medical or social care reports
b) Evidence of adaptations needed
c) Statements from carers or advocates
3. Advancing your Defence
5
Possible Dispute 5
"The tenant has specific needs that the accommodation fails to meet"
1. Explanation
A tenant with disabilities, health conditions, or caring responsibilities may require tailored housing features or a specific location.
2. Evidence
a) Medical or social care reports
b) Evidence of adaptations needed
c) Statements from carers or advocates
3. Advancing your Defence
6
Possible Dispute 6
"The offer of removal expenses is unreasonable or not made"
1. Explanation
The tenant must be offered reasonable costs of moving. If this is not done, the ground may fail or be adjourned until it is.
2. Evidence
a) Correspondence showing no offer of expenses
b) Removal quotes vs. landlord's proposed amount
3. Advancing your Defence
6
Possible Dispute 6
"The offer of removal expenses is unreasonable or not made"
1. Explanation
The tenant must be offered reasonable costs of moving. If this is not done, the ground may fail or be adjourned until it is.
2. Evidence
a) Correspondence showing no offer of expenses
b) Removal quotes vs. landlord's proposed amount
3. Advancing your Defence
6
Possible Dispute 6
"The offer of removal expenses is unreasonable or not made"
1. Explanation
The tenant must be offered reasonable costs of moving. If this is not done, the ground may fail or be adjourned until it is.
2. Evidence
a) Correspondence showing no offer of expenses
b) Removal quotes vs. landlord's proposed amount
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.