Possession
Grounds on which a landlord may seek possession
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 be 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: a prior notice ground
The property was previously the landlord's only or main home. 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: a prior notice ground
The property is subject to a 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.
Ground 3: a prior notice ground
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 a holiday.
Ground 4: a prior notice ground
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 or college.
Ground 5: a prior notice ground
The property is held for use for a minister of religion and is now needed for that purpose.
Ground 6:
The landlord intends to substantially redevelop the 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. The tenant's removal expenses will have to be paid.
Ground 7:
The former tenant, who must have had a contractual periodic tenancy or statutory periodic tenancy, has died in the 12 months before possession proceedings started and there is no one living there who has a right to succeed to the tenancy.
Ground 8:
The tenant owed at least two 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.
Discretionary grounds on which the court may order possession
Ground 9:
Suitable alternative accommodation is available for the tenant, or will be when the court order takes effect. The tenant's removal expenses will have to be paid.
Ground 10:
The tenant was behind with his or her rent both when the landlord served notice seeking possession and when he or she began court proceedings.
Ground 11:
Even if the tenant was not behind with his or her rent when the landlord started possession proceedings, the tenant has been persistently late in paying the rent.
Ground 12:
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 got worse because of the behaviour of the tenant or any other person living there.
Ground 14:
The tenant, or someone living in or visiting the property:
(a) has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality; or
(b) has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an arrestable offence committed in the property or in the locality.
Ground 15:
The condition of the furniture in the property has got worse because it has been ill treated 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.
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:
(a) for grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 - at least two weeks;
(b) for grounds 1, 2, 5, 6, 7, 9 and 16 - at least two 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 be a least as long as the period of the tenancy, so that three months' notice must be given if it is a quarterly tenancy.
For ground 14 from 28 February 1997 - the landlord can start proceedings as soon as he or she has served notice.
