Grounds for Possession
The grounds for possession for Assured and Assured Shorthold
Tenancies are laid out in the Housing Act 1988, as amended by the
Housing Act 1996.
Some grounds for possession are
mandatory where
the Judge must grant a possession order, whereas other grounds are
discretionary, where it is up to the Judge to
decide whether it is reasonable to grant the order.
Mandatory grounds
Ground 1
The landlord previously lived in the property as his or her
principal or main home and now wishes to return.
The landlord must give notice at the commencement of the tenancy
that he or she may require possession on this ground.
Ground 2
The property was subject to a mortgage before the tenancy commenced
and now the mortgage company wishes to sell the property to recoup
its loan.
Ground 3
The tenancy is for a fixed of not more than 8 months and at
sometime during the previous 12 months the property was let as a
holiday let.
The landlord must give notice at the commencement of the tenancy
that he or she may require possession on this ground.
Ground 4
The tenancy is for a fixed period of not more than 12 months and at
sometime during the previous 12 months the property was let to
students by an educational establishment.
The landlord must give notice at the commencement of the tenancy
that he or she may require possession on this ground.
Ground 5
The property is required for a minister of religion and was
previously used as this type of accommodation.
The landlord must give notice at the commencement of the tenancy
that he or she may require possession on this ground.
Ground 6
The landlord wishes to substantially redevelop the property and
cannot do so with the tenant in occupation. This ground cannot be
used if the tenant was resident before the landlord purchased the
property.
Ground 7
The tenant of a contractual or statutory periodic tenancy has died
within the preceding 12 months and there is no one entitled to
succeed to the tenancy.
Ground 8
The tenant owes 2 months rent [if the rent is paid monthly] or 8
weeks rent [if the rent is paid weekly], both at the time the
landlord commences possession proceedings and at the time of the
court hearing.
Discretionary grounds
Ground 9
Suitable alternative accommodation is available, or will be
available when the court order takes effect.
Ground 10
The tenant was in arrears of rent at the time when the landlord
commenced proceedings and at the time of the court hearing.
Ground 11
The tenant persistently paid the rent late.
Ground 12
The tenant is in breach of a term of the tenancy.
Ground 13
The condition of the property has substantially deteriorated due to
the actions of the tenant or someone associated with the
tenant.
Ground 14
The tenant or someone associated with the tenant causes a nuisance;
or has a conviction for, or allowed, the property to be used for an
immoral or illegal offence.
Ground 15
The condition of the furniture has substantially deteriorated due
to the actions of the tenant or someone associated with the
tenant.
Ground 16
The tenancy was granted to someone in the employment of the
landlord, or former landlord, and that employment has now
ceased.
Ground 17
The tenancy was granted on the basis of a false statement by the
tenant.
For grounds
3,4,8,10,11,12,13,15 & 17 the
landlord must give at least 2 weeks notice.
For grounds
1,2,5,6,7,9, & 16 the landlord
must give at least 2 months notice.
For ground
14 proceedings can be commenced
immediately.