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Grounds for possession: Protected shorthold tenant

This content applies to England

Grounds for possession that a landlord can use against a protected shorthold tenant.

Case 19 of the Rent Act 1977[1] guarantees that a landlord will be granted possession, if the protected shorthold was created correctly, and the notice to quit has been correctly served during the three month 'window' (see the page on Ending a protected shorthold tenancy). Although the tenant becomes a statutory tenant on expiry of the original fixed term, the option to seek possession under Case 19 always remains available to the landlord.

The landlord can also use any of the other grounds for possession, after the expiry of the fixed term that apply to protected tenants, against protected shorthold tenants. These are set out in the Rent Act 1977;[2] the grounds available are covered in detail in the page on Ending a regulated tenancy.

The landlord can also use any of the other grounds for possession, after the expiry of the fixed term that apply to protected tenants, against protected shorthold tenants. These are set out in the Rent Act 1977;[3] the page on ending a regulated tenancy – Statutory tenancy – covers the grounds available in detail.

The Equality Act 2010 may provide a defence to a tenant with a 'protected characteristic' (ie disability, gender reassignment, pregnancy or maternity, race, sex, sexual orientation, and religion or belief) who is subject to possession proceedings. For further information see the section on the Equality law and the page on Disability discrimination.

[1] Sch.15 Rent Act 1977.

[2] ibid.

[3] ibid.

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