Summary Of Grounds For Seeking Possession
Mandatory Grounds
Ground 1
That the landlord gave the tenant written notice at the start of the tenancy that they used to live in the property as their only, or main home. (Or, in certain circumstances, that they or their wife require it to live in as their main home.)
Ground 2
That the landlord has served a prior notice on the tenant at the beginning of the tenancy stating that they used to live the property as their only or main home, and the property was subject to a mortgage granted before the tenancy started and that the lender wants to sell it, usually to pay off mortgage arrears.
Ground 3
That the tenancy is for a fixed term not exceeding eight months, and at some time during the 12 months before the tenancy started, the property was let or licensed for a holiday.
Ground 4
A notice was served on the tenant at the start of the tenancy and the
tenancy is a fixed term tenancy not exceeding 12 months, that at some time during the 12 months before the tenancy began the property was let by a specified educational establishment to students.
Ground 5
A notice was served on the tenant at the beginning of the tenancy stating that the property is held for use by a minister of religion, and is now required for that purpose.
Ground 6
The landlord intends to demolish or redevelop the property and cannot do so with the tenant living there. This Ground cannot be used where the landlord can do the work around the tenant without them having to move, nor can it be used where the landlord or someone before them bought the property with an existing tenant, usually a sitting tenant. The tenant’s removal expenses have to be met.
Ground 7
The former tenant, who must have had either a contractual or statutory periodic, has died in the previous 12 months and no one living at the property has a right to succeed to the tenancy.
Ground 8
The tenant owes at least two months’ rent, or eight weeks if the rent is weekly based, at the time the landlord served notice and this amount is still outstanding at the date of the court hearing.
Discretionary Grounds
Ground 9Suitable alternative accommodation is available for the tenant or will be from the date the order takes effect (the Housing Act 1988 defines suitable alternative accommodation). The tenant’s removal costs will be met.
Ground 10The tenant was behind with the rent, both when notice of seeking possession was served and when court proceedings began.
Ground 11Although the tenant was not behind with the rent when the landlord started possession proceedings, they have been persistently late with their rent.
Ground 12The tenant has broken one or more of the terms of their tenancy agreements, except the obligation to pay rent.
Ground 13The condition of the property has become worse because of the behaviour of the tenant, their sub-tenant, or any other person living there.
Ground 14The tenant, or someone living with the tenant, or visiting the tenant, has caused, or is likely to cause, a nuisance or annoyance to other persons living in, or visiting the locality; or that any of them have been convicted of using the property or allowing it to be used for immoral or illegal purposes, or have committed an arrestable offence in or in the locality of the property.
Ground 15The condition of the furniture has become worse, because it has been ill-treated by the tenant, their sub-tenant, or someone else living in the property.
Ground 16The tenancy was granted because the tenant was employed by the landlord, or a former landlord, and the tenant is no longer employed by the landlord.
Ground 17The landlord was persuaded to grant the tenancy on the basis of a false statement made knowingly or recklessly by the tenant or any person acting at the tenant’s instigation.
Where any of these Grounds are applied to you, seek immediate legal advice on receipt.
Notice Periods For Each Ground
- For Grounds: 3, 4, 8, 10, 11, 12, 13, 15 and 17, at least two weeks’ written notice is required.
- For Grounds: 1, 2, 5, 6, 7, 9 and 16, at least two months’ written notice is required.
- Ground 14 has been strengthened by the 28 February 1997 revisions. Landlords may start proceedings as soon as they have served written notice.
All notices should state in writing the full Grounds that the landlord is intending to base their application upon. All these official documents will reach you via a court. There is no specific Ground for guaranteed possession rights of landlords. All landlords/agents need to do is write to you citing their Section 21 rights and wait long enough to comply with the court’s paperwork.