YOUR RIGHTS AND THE HOUSING ACT 1988 - GROUNDS FOR POSSESSION

Mandatory grounds for possession

If a landlord can prove a mandatory ground, the court has no option but to grant possession:

  • the landlord has at some time used the property as his main home or can prove that the house is needed for use as his or his spouse's main home
  • the mortgage lender wants to get possession of the property in order to sell it
  • the tenancy has been granted for the letting of student accommodation
  • the tenancy has been granted for out-of-season holiday accommodation, which is now needed for holiday letting
  • the house is owned by a religious organisation for use by ministers of religion
  • possession is needed so that demolition or substantial property redevelopment can take place
  • the tenant has died
  • there are significant rent arrears - eight weeks or more if paid weekly, or two months or more if paid monthly.

Discretionary grounds

If the grounds that the landlord claims are 'discretionary', the court may, but is not obliged to, grant possession:

  • suitable alternative accommodation is available to the tenant
  • there are some rent arrears
  • the tenant has breached express or implied terms under the tenancy
  • the tenant, or anyone living with the tenant, has allowed the condition of the property to deteriorate due to neglect
  • the tenant or anyone living with or visiting the tenant, has behaved in a way that causes a nuisance to others in the neighbourhood
  • mistreatment of the landlord's furniture
  • the tenant was, but is no longer, an employee of the landlord
  • the tenant made a false statement in applying for the tenancy

 

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