Grounds for Possession by a Landlord

The grounds for possession by a landlord

There are 17 grounds for possession as laid out the Housing Act 1988 & 1996.  (see below for simplified & comprehensive list) They set out what circumstances should exist to allow a landlord to legally start possession proceedings of their rental property let under an assured tenancy or Assured Shorthold Tenancy.  Grounds 1-8 are mandatory grounds in other words the court must give possession to a landlord if they are met; grounds 9-17 are down to the discretion of the court.

Grounds for possession during the fixed term

During the fixed term of an assured tenancy or assured shorthold tenancy, the landlord can only seek possession if one of grounds 2,8,10 to 15 or 17 apply and the terms of the tenancy (normally as stated in the tenancy agreement) make provision for it to be ended on any of these grounds.  Frequently it is quicker and more straight forward for landlords to wait until the fixed term comes to an end and then to seek possession under the accelerated possession procedure using a Section 21 Notice.

Note we provide users a free Section 21 Notice.

This way a landlord does not have to give any grounds for possession provided that at least 6 months has elapsed since the start of the original tenancy.  For example, if the landlord initially agreed a tenancy of 4 months and subsequently issued a replacement tenancy to follow it, the landlord cannot regain possession until 2 months after the start of the replacement tenancy.  However, if the original tenancy was for more than 6 months, the landlord can regain possession at any time during the replacement tenancy.

Notice periods for landlords seeking possession

The landlord must serve notice seeking possession of the property on the tenant before starting court proceedings.  A landlord must give the tenant the following amount of notice:

On service  – ground 14
2 weeks notice – grounds 3,4,8,10,11,12,13,15 or 17
2 months notice – grounds 1,2,5,6,7,9 and 16

The 17 grounds for possession – Housing Act 1988 & 1996

These are the simplified and abbreviated version.  For the full legal text on each ground landlords should  see below

Mandatory grounds on which court must order possession

Ground 1
The residential investment property was previously the landlord’s only or main home or the landlord or their spouse require it to live in as his or her main home.

Ground 2
The residential investment property is subject to a mortgage which was granted before the tenancy started and the lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears.

Ground 3
The tenancy is for a fixed term of not more than 8 months and at some time during the 12 months before the tenancy started, the property was let for a holiday.

Ground 4
The tenancy is for a fixed term of not more than 12 months and at some time during the 12 months before the tenancy started, the property was let to students by an educational establishment such as a university or college.

Ground 5
The residential investment property is held for use for a minister of religion and is now needed for that purpose.

Ground 6
The landlord intends to substantially redevelop the residential investment property and cannot do so with the tenant there.  This ground cannot be used where the landlord, or someone before him or her, brought the property with an existing tenant, or where the work could be carried out without the tenant having to move.  The tenant’s removal expenses will have to be paid.

Ground 7
The former tenant, who must have had a contractual periodic tenancy or statutory periodic tenancy, has died in the 12 months before possession proceedings started and there is no one living there who has a right to succeed to the tenancy.

Ground 8
The tenant owed at least 2 months rent if the tenancy is on a monthly basis or 8 weeks rent if its is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.

Discretionary grounds on which the court may order possession

Ground 9
Suitable alternative accommodation is available for the tenant, or will be when the court order takes effect.  The tenant’s removal expenses will have to be paid.

Ground 10
The tenant was behind with his or her rent both when the landlord served notice seeking possession and when he or she began court proceedings.

Ground 11
Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.

Ground 12
The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent.

Ground 13
The condition of the property has got worse because of the behaviour of the tenant or any other person living there.

Ground 14
The tenant, or someone living in or visiting the property:
– has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality; or
– has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an arrest able offence committed in the investment property or in the locality.

Ground 15
The condition of the furniture in the property has got worse because it has been ill treated by the tenant or any other person living there.

Ground 16
The tenancy was granted because the tenant was employed by the landlord, or a former landlord, but he or she is no longer employed by the landlord.

Ground 17
The landlord was persuaded to grant the tenancy on the basis of a false statement knowingly or recklessly made by the tenant, or a person acting at the tenant’s instigation.

Comprehensive legal grounds for possession

Ground 1
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
(a)
at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
(b)
the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his or his spouse’s only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.

Ground 2
The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and—
(a)
the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the [1925 c. 20.] Law of Property Act 1925; and
(b)
the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and
(c)
either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice;
and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly.

Ground 3
The tenancy is a fixed term tenancy for a term not exceeding eight months and—
(a)
not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b)
at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday.

Ground 4
The tenancy is a fixed term tenancy for a term not exceeding twelve months and—
(a)
not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b)
at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act.

Ground 5
The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and—
(a)
not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and
(b)
the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence.

Ground 6
The landlord who is seeking possession or, if that landlord is a registered housing association or charitable housing trust, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled—
(a)
the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—
(i)
the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or
(ii)
the nature of the intended work is such that no such variation is practicable, or
(iii)
the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
(iv)
the nature of the intended work is such that such a tenancy is not practicable; and
(b)
either the landlord seeking possession acquired his interest in the dwelling-house before the grant of the tenancy or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth; and
(c)
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the [1977 c. 42.] Rent Act 1977, as amended by Part I of Schedule 4 to this Act or, as the case may be, section 4 of the [1976 c. 80.] Rent (Agriculture) Act 1976, as amended by Part II of that Schedule.
For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants under an earlier assured tenancy of the dwelling-house concerned, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy.
For the purposes of this ground “registered housing association” has the same meaning as in the [1985 c. 69.] Housing Associations Act 1985 and “charitable housing trust” means a housing trust, within the meaning of that Act, which is a charity, within the meaning of the [1960 c. 58.] Charities Act 1960.

Ground 7
The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death.
For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let or any other term of the tenancy.

Ground 8
Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
(a)
if rent is payable weekly or fortnightly, at least thirteen weeks’ rent is unpaid;
(b)
if rent is payable monthly, at least three months’ rent is unpaid;
(c)
if rent is payable quarterly, at least one quarter’s rent is more than two months in arrears; and
(d)
if rent is payable yearly, at least three months’ rent is more than three months in arrears;
and for the purpose of this ground “rent” means rent lawfully due from the tenant.

PART II

Grounds on which a courty may order possession

Ground 9
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.

Ground 10
Some rent lawfully due from the tenant—
(a)
is unpaid on the date on which the proceedings for possession are begun;
(b)
except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.

Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.

Ground 12
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.

Ground 13
The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or neglect or default of, a person lodging with the tenent or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.
For the purpose of the ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.

Ground 14
The tenant or any other person residing in the dwelling-house has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using the dwelling-house or allowing the dwelling-house to be used for immoral or illegal purposes.

Ground 15
The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 16
The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.

Ground 17
Where the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by (a) the tenant (b) a person acting at the tenant’s instigation.