In order to obtain possession of premises let under a Tenancy Agreement, the landlord must specify a ground or grounds within the Housing Act 1988. With regard to some of these grounds, possession is compulsory. However, with regard to other grounds, it is up to the Court's discretion whether they will order possession for the landlord.
Below, is a full list of the grounds contained within the act. Please put a tick in the checkboxes for the ground or grounds upon which you, as the landlord, are seeking possession of the premises.
Part I - Grounds on which Court must Order Possession
Ground 1: owner occupier 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: mortgagee 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 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: out of season holiday home 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: vacation let of educational accommodation 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: minister of religion 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: demolition/reconstruction/substantial works The landlord who is seeking possession or, if that landlord is a [registered social landlord] 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 Rent Act 1977, as amended by Part I of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part II of that Schedule.
Ground 7: devolved tenancy 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: rent arrears 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 [eight weeks]’ rent is unpaid;
(b) if rent is payable monthly, at least [two months]’ rent is unpaid;
(c) if rent is payable quarterly, at least one quarter’s rent is more than three 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 Court may Order Possession
Ground 9: suitable alternative accommodation Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
Ground 10: rent arrears Some rent lawfully due from the tenant
(a) is unpaid on the date on which the proceedings for possession are begun; and
(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: rent arrears 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: breach Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Ground 13: condition of premises The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the 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 the neglect or default of, a person lodging with the tenant 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 purposes of this 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: nuisance The tenant or a person residing in or visiting the dwelling-house
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or
(b) has been convicted of
(i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or
(ii) an arrestable offence committed in, or in the locality of, the dwelling-house.]
Ground 14A: domestic violence The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and
(a) one or both of the partners is a tenant of the dwelling-house,
(b) the landlord who is seeking possession is a registered social landlord or a charitable housing trust,
(c) one partner has left the dwelling-house because of violence or threats of violence by the other towards
(i) that partner, or
(ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and
(d) the court is satisfied that the partner who has left is unlikely to return.
Ground 15: condition of furniture 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: employment 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.
[For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, shall be regarded as employment by the Secretary of State.]
Ground 17: false statement The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by
(a) the tenant, or
(b) a person acting at the tenant’s instigation.
Section 3 - Specific Details
It is extremely important that you elaborate upon the ground or grounds for which you are seeking possession. Please provide as full an explaination as possible below, as well as providing details and dates upon each and every ground you are relying upon.
Section 4 - Further Details
What was the start date of the tenancy?
If it was a fixed term tenancy, what was the end date for the agreement?
How often is the rent payable?
Section 5 - Court Proceedings can not begin until after
Please insert date:
Please see the notes below for more information. If in doubt, please leave blank and Legalhelpers will work out the earliest possible date.
Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court proceedings cannot begin earlier than 2 months from the date this notice is served on you (even where one of grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 is specified) and not before the date on which the tenancy (had it not been assured) could have been brought to an end by a notice to quit served at the same time as this notice.
Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15 or 17, court proceedings cannot begin earlier than 2 weeks from the date this notice is served (unless one of 1, 2, 5 or 7, 9 or 16 grounds is also specified in which case they cannot begin earlier than two months from the date this notice is served).
Where the landlord is seeking possession on ground 14 (with or without other grounds), court proceedings cannot begin before the date this notice is served.
Where the landlord s seeking possession on ground 14A, court proceedings cannot begin unless the landlord has served, or has taken all reasonable steps to serve, a copy of this notice on the partner who has left the property.
After the date shown in section 4, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served. After this time the notice will lapse and a new notice must be served before possession can be sought.
