Protected shorthold tenancy grounds for possession

Grounds for possession that a landlord can use against a protected shorthold tenant during and after the fixed term.

This content applies to England

Possession under Case 19

Case 19 of the Rent Act 1977[1] guarantees that a landlord will be granted possession if the protected shorthold tenancy was created correctly, and the notice to quit has been correctly served during the three month window.

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.

Grounds for possession on expiry of fixed term

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]

Equality Act defences

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.

Last updated: 24 March 2021

Footnotes

  • [1]

    Sch.15 Rent Act 1977.

  • [2]

    Sch. 15 Rent Act 1977.