GROUNDS FOR POSSESSION

Note that Cases 1-10 are discretionary grounds.sc. 15, Pts I, III and IV of the 1977 Act.

This means that in addition to proving the grounds, to the court, that it is also reasonable to order possession against the tenant .

Case 1: - breach of obligation of the tenancy or rent arrears

(a) in the case of a protected tenancy, any other obligation of the tenancy, in so far as is consistent with the provisions of Part VII of this Act, or (b) in the case of a statutory tenancy, any other obligation of the previous protected tenancy which is applicable to the statutory tenancy , has been broken or performed . This means that the court must be satisfied not only that the rent arrears existed or that the breaches occurred but also that it is reasonable in the circumstances to grant possession.

Case 2: - nuisance or annoyance, use for immoral or illegal purposes

Where it can be shown that the tenant or any person residing with the tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers or has been convicted for using the house for illegal or immoral purposes.

Case 3: - Waste or neglect

Where the condition of the dwelling - house has deteriorated owing to acts of waste, neglect or default of the tenant the court may grant an order for possession.

Case 4: - furniture

Where the condition of any furniture provided under the tenancy has deteriorated because of ill-treatment by the tenant or by any person residing or lodging whom the tenant ought to have removed .

Case 5: - notice to quit by tenant

A periodic tenant may terminate the tenancy by giving notice to quit to the landlord. even though notice has been given the tenant is not obliged to leave if he or she changes his/her mind. Unless in the opinion of the court, the landlord would be seriously prejudiced if he could not obtain possession .

Case 6: - unlawful sub - letting

The landlord may claim possession where the tenant has, without the landlord's consent, assigned or sub-let the whole of the dwelling-house , or sub-let part of the dwelling-house, the remainder being already sub-let..

Case 7: - repealed by the Housing Act 1980

Case 8:- Former employees The court may order possession if the tenancy was granted in consequence of the tenant being an employee with the dwelling a condition of that contract . The tenant has ceased to be in that employment the landlord, requires possession, for another employee.

Case 9: Dwelling required for a member of the landlord's family The landlord reasonably requires possession for occupation as a residence for: (a) himself for (b) a son or daughter over eighteen years of age; (c) his/her father or mother; (d) his/her father-in-law or mother-in-law. If there has been a change of landlord since the tenancy commenced, this ground is not available to the new landlord, even if the ground is available, the tenant can object on the ground that he or she would suffer greater hardship than the landlord in having to move out.

Case 10: overcharging sub-tenants

(a) for any sub-let part of the dwelling-house which is a dwelling-house let on a protected tenancy or subject to a statutory tenancy is or was in excess of the maximum rent for the time being recoverable for that part, having regard to Part III of this Act, or (b) for any sub-let part of the dwelling-house which is subject to a restricted contract is or was in excess of the maximum ( if any ) which it is lawful for the lessor, within the meaning of part V of this act to require or receive having regard to the provisions of that part The court may order possession if the tenant has sub-let part of the property and is charging the sub-tenant more than 'the fair rent which has been registered for the part sub-let.

Note that Cases 11-20 are mandatory grounds. (which are contained in sch. 15, Pt II of the 1977 Act as amended by the Housing Act 1988, s.66 and sch. 7)

The mandatory grounds, are not subject to any overriding consideration of reasonableness. This means that, if the landlord proves one of these grounds, the court must order possession against the tenant . provided that:

(a) the dwelling-house is let on a protected tenancy; and (b) not later than 'the relevant date the landlord gave the tenant written notice that possession might be recovered under the ground in question

Case 11: landlord an owner-occupier

The court must be satisfied that: prior to the tenancy the landlord resided in the house; and the house is now required as a residence for the landlord or a member of his/her family who resided with him or her when the landlord last occupied the house. This Case may also used when the original landlord has died and the house is needed by a member of his or her family who resided with the landlord or is required by someone who inherited the house, or is to be sold with vacant possession.. It can also be used to gain possession where the landlord had mortgaged the house before the date of the tenancy and the mortgage lender sells the house

Case 12 landlord's retirement home

This ground allows the owner to rent out the property while continuing in full-time work, but to regain possession with the intention of moving in on retirement .

Case 13 - Off-season Winter holiday lets

A landlord who normally rents out a property as holiday accommodation during the summer may wish to grant a longer tenancy out of season that may not fall within the definition of a holiday letting and might therefore be eligible for Rent Act protection. To rely on this Case: (a) The dwelling-house must be let under a tenancy for a term of years certain not exceeding eight months. (b)The landlord must have given notice that possession might be recovered under this Case. (c)The dwelling-house must have been occupied under a right to occupy it for a holiday, at some time within the period of 12 months ending at the start of the tenancy

Case 14 out of term student accommodation

An educational institution may wish to grant a tenancy which does not fall within the exclusion, for example during a college holiday. This ground is intended to enable the institution to regain possession at the end of such a letting. to rely on this Case: (a)The dwelling-house must be let under a tenancy for a term of years certain not exceeding 12 months. (b)The landlord must have given notice that possession might be recovered under this Case. (c)The dwelling-house must have been let on a tenancy which was excluded from Rent Act protection by s. 8(1) at some time within the period of 12 months ending with the start of the tenancy.

Case 15 - Ministers of religion's house

The house is held for occupation by a minister of religion,

Case 16 -17 -18 Agricultural employees

These Cases enable a landlord to gain possession of a property so that it can be occupied by an agricultural employee of the landlord.

Case 19 - Protected shorthold tenancies

A protected shorthold tenancy is a fixed term tenancy (of between one and five years) created by the Housing Act 1980. No more protected shorthold tenancies could be created after 15 January 1989 (unless created by a contract made before that date) and so now there are very few protected shorthold tenancies in existence. When a protected shorthold tenancy comes to an end and the tenant continues in occupation, he does as a statutory tenant, Case 19 can only be used on a subsequent anniversary of the tenancy and then only if three months prior notice is served . If a shorthold tenancy has been renewed since 15 January 1989 it has automatically become an assured shorthold tenancy

Case 20 - Landlord a member of the armed forces

It enables a member of the armed forces who purchases a property intending to occupy it at some time in the future, to rent this property out and still regain possession when it is needed. At the time when the dwelling-house was acquired and the tenancy started the owner must have been a member of the armed forces .The owner must have given the tenant notice that possession might be recovered under this ground. The court must be satisfied that the dwelling-house is required as a residence for the owner, or one of the conditions set out in sch. 15, Pt V, paragraphs (c) to (f) is satisfied for the conditions in Pt V see Cases 11 and 12 above).

Overcrowding
is one other ground for possession which is not listed in sch. 15 of the 1977 Act which in effect provides a further mandatory ground of possession. Section 101 provides that if at any time a dwelling-house is overcrowded, within the meaning of Pt X of the Housing Act 1985, in such circumstances as to render the occupier guilty of an offence, nothing in Pt VII of the Act shall prevent the immediate landlord of the occupier from obtaining possession of the dwelling-house.

As from 15 January 1989, no tenancy or other contract is capable of being a restricted contract (Housing Act 1988, s. 36(1))