Site hosted by Angelfire.com: Build your free website today!

This provides a summary of the grounds for possessing an assured or shorthold tenancy. During the fixed term of an assured or 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 make provision for it to he ended on any of these grounds. When the fixed term of an assured tenancy ends, possession can be sought on any of the grounds. When the fixed term of a shorthold tenancy ends, the landlord does not have to give any grounds for possession


Mandatory grounds on which the court must order possession
( A prior notice ground means that the landlord must have notified the tenant in writing before the tenancy started that he or she might seek possession on this ground ).


Ground 1: prior notice
On or before granting the tenancy , the tenant must have been given written notice that possession might be required on this ground .The property was previously the landlord's only or main residence.. Or, so long as the landlord or someone before him or her did not buy the property after the tenancy started, the landlord (or landlord's spouse) requires it to live in as his or her main home.


Ground 2: prior notice
The property is subject to an existing 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. If the mortgage was taken out after the tenancy was granted , ground 2 is not available. Should the mortgage company wish to regain possession they must show that they are entitled to sell the property, that
Vacant possession is needed .


Ground 3: prior notice
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 holiday purposes.


Ground 4: a prior notice ( out of term student accommodation )
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, polytechnic or college.


Ground 5: prior notice
If, on or before the date of the tenancy, the landlord gave notice that possession might be recovered on the ground, that the property is for the use of a minister of religion and is now needed for that purpose.
Ground 6
The landlord intends to demolish or reconstruct the entire property and cannot do so with the tenant there. This ground cannot be used where the landlord, or someone before him or her, bought the property with an existing tenant, or where the work could be carried out without the tenant having to move. This ground is not available during a fixed - term tenancy that has not expired, it can only be used on periodic tenancies, or fixed term tenancies that have ended. The tenant's removal expenses will have to be paid.


Ground 7
When the former tenant, who must have had a
contractual periodic tenancy or statutory periodic tenancy, has died the surviving spouse even if not legally married will be entitled to take over the tenancy . The landlord has twelve months to consider whether or not the successor is someone 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 it is on a weekly basis, both when the landlord gave notice seeking possession and at the date of the court hearing.
Note: This ground was amended by the Housing Act 1996 and applies from 28 February 1997.

Discretionary grounds on which the court may order possession
Ground 9
The landlord is offering suitable alternative accommodation, of a similar size, and quality available for the tenant, or will be when the court order takes effect. If the landlord succeeds on this ground, the tenant's removal expenses will have to be paid.


Ground 10
The rent that was lawfully due at the time the landlord served notice seeking possession and when he or she began court proceedings.


Ground 11
The tenant was persistently late with the payment of his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.


Ground 12
If it is reasonable, the court will grant possession on the grounds that 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 deteriorated because of the waste neglect or default 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 adjoining occupiers living in or visiting the locality.
Or
has been convicted of using the property, or allowing it to he used, for immoral or illegal purposes, or an arrest able offence committed in the property or in the locality.
Note: This ground was amended by the Housing Act 1996 and applies from 28 February 1997.


Ground 15

The furniture has been broken or damaged by ill-treatment 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.
Note: This is a new ground added by the Housing Act 1996 and applies from 28 February 1997.


Notice periods
The landlord must serve notice seeking possession of the property on the tenant before starting court proceedings. He or she must give the following amount of notice:

o for grounds 3,4,8,10, 11, 12, 13, 15 or 17 - at least 2 weeks
o for grounds 1,2,5,6,7,9 and 16 - at least 2 months. If the tenancy is on a contractual periodic or statutory periodic basis, the notice period must end on the last day of a tenancy period. The notice period must also he a least as long as the period of the tenancy, so that 3 months notice must be given if it is a quarterly tenancy.
o for ground 14 from 28 February 1997 - the landlord can start proceedings as soon as he or she has served notice.