Regulated tenancy discretionary grounds for possession

If the landlord relies on a discretionary ground, the court must decide if both:

• it is satisfied the ground has been made out

• it is reasonable to make a possession order

The landlord can either offer the tenant suitable alternative accommodation or use one of the grounds 1 to 10A. Ground 7 has been repealed.

Schedule 15 of the Rent Act 1977 sets out the grounds. Grounds for possession of a regulated tenancy are referred to as 'cases' in the legislation.

Reasonable to order possession on discretionary grounds

Reasonable in the context of possession proceedings means that the court attempts to balance the interests of the landlord, the tenant, and the public.

Relevant factors include:

• the reason for the tenant's breach of their tenancy agreement

• how serious the breach was and its effect on others

• if the tenant had an opportunity to remedy the breach

• if there were any more breaches in the run up to the trial

• the effect of eviction on the tenant and their household

The court considers the individual circumstances of each case. There might be specific factors to consider based on the ground the landlord uses.

How a landlord can end a regulated tenancy

A regulated tenancy has two stages:

• the initial contractual tenancy, which might be periodic or for a fixed term

• the statutory tenancy that starts when contractual tenancy ends

The contractual stage must end before the landlord can start possession proceedings. For example, a landlord can serve a notice to quit to end a periodic contractual tenancy.

When a contractual tenancy ends, the statutory tenancy starts if the tenant continues to occupy the property as a residence. The landlord must then apply to court and prove a ground to gain possession of the property.

Landlords have not been able to grant new regulated tenancies since 1989, so most regulated tenancies still in existence today are statutory.

Find out more about a landlord's notice to end a regulated tenancy.

The court can order possession if it is satisfied that the tenant has suitable alternative accommodation to move to, either provided by the local authority or the landlord.[1]

Accommodation offered by the local authority

A certificate from a local authority stating the authority will provide suitable accommodation to the tenant is conclusive evidence that suitable accommodation will be available.

Accommodation offered by the landlord

The landlord can provide accommodation themselves or can arrange for another private landlord to supply alternative accommodation. The new accommodation must offer the tenant similar security of tenure.[2]

The court must decide if the accommodation is suitable for the tenant and their family and consider how the move could affect work commutes.[3] Accommodation is not suitable if it is statutorily overcrowded. Find out more about overcrowding.

If the current property is furnished, furniture that is similar or reasonably suitable must be provided in the alternative accommodation.

Reasonable to order possession

The court must be satisfied that it is reasonable to order possession, even if the landlord shows the new accommodation is suitable.

The court can order possession on ground 1 if the tenant has either:

• failed to pay rent

• breached another term of the tenancy

Ground 1 is the most common ground for possession against regulated tenants, and is often used for rent arrears claims.

Rent arrears

The court can order possession on ground 1 if it is satisfied there is some rent lawfully due from the tenant. There is no minimum amount of rent arrears that must be owed for a landlord to use ground 1. The rent must be in arrears at the date of issue of the claim.[4]

Rent lawfully due from the tenant

To count as arrears for ground 1, the rent must be lawfully due from the tenant. That means the tenant must owe it.

The rent is not lawfully due if a predecessor in the tenancy incurred the arrears.[5] For example, because the tenancy was assigned, or the tenant is a successor. Find out more about rent arrears after a tenant's death.

The rent must be due from the current tenancy. It cannot be lawfully due from a previous tenancy.

Regulated tenants have protection to ensure they pay a fair rent. The landlord might be charging a regulated tenant too much rent. For example, the landlord charges more than the registered fair rent or has not increased the rent correctly. Find out more about fair rent for a regulated tenancy.

Charges for other services such as water supply can count as rent lawfully due. The tenancy agreement must state that these charges make up part of the rent. Find out more about what rent covers.

Breach of an obligation of the tenancy

The court can order possession on ground 1 if it is satisfied that the tenant has breached a term of their tenancy conditions. Common breaches of tenancy include things like smoking or keeping a pet.

Acceptance of rent by a landlord who has knowledge of a breach might amount to a waiver of the breach and prevent them from relying on ground 1.[6]

Reasonable to order possession on ground 1 - rent arrears

The court must be satisfied that it is reasonable to make a possession order on ground 1.

For rent arrears claims, the court can consider:

• the tenant's payment record

• the cause of the rent arrears

• whether the tenant has breached the tenancy in other ways

• whether the tenant has taken steps to clear the arrears

Tenants who have reduced their arrears since the claim was issued or maintained an arrangement with the landlord can argue that it is not reasonable to order possession because they are reducing the debt without a possession order. In this case, the court might agree to adjourn the case on terms.

Reasonable to order possession on ground 1 - breach of tenancy

The court must be satisfied that it is reasonable to order possession on ground 1.

The tenant could argue it is not reasonable to order possession if they are no longer in breach of the agreement. For example, by ceasing to smoke at the property.

The court can order possession on ground 2 if the tenant, or anyone living in the property, has either:

• been guilty of nuisance or annoyance to adjoining occupiers

• been convicted of using the premises, or allowing them to be used, for illegal or immoral purposes

Causing nuisance or annoyance includes abusive behaviour, noise, harassment or violence.[7]

Reasonable to order possession on ground 2

The court must be satisfied that it is reasonable to order possession on ground 2.

The court can order possession on ground 3 if it is satisfied the tenant, or a person living with them, is guilty of an act or inaction that has caused the condition of the property to deteriorate.

Where a lodger or subtenant caused the deterioration, the landlord must show that the tenant did not take reasonable steps to evict their lodger or subtenant.

Reasonable to order possession on ground 3

The court must be satisfied that it is reasonable to order possession on ground 3.

Where the court is satisfied the tenant has neglected the property, it might be unreasonable to order possession without giving the tenant an opportunity to fix the issues.[8]

The court can order possession on ground 4 if it is satisfied the tenant, or a person living with them, has damaged furniture provided with the tenancy.

If a lodger or subtenant caused the deterioration, the landlord must show that the tenant did not take reasonable steps to evict their lodger or subtenant.

Reasonable to order possession on ground 4

The court must be satisfied that it is reasonable to order possession on ground 4.

The court can order possession on ground 5 where the tenant gives notice to quit and does not leave when the notice expires. The tenant's notice to quit must be valid. An agreement to move out is not sufficient.[9]

As a result of the tenant's notice, the landlord must have either:

• entered into a rental or sale contract, or

• taken steps where they would be seriously prejudiced if they could not obtain possession

Reasonable to order possession on ground 5

The court must be satisfied that it is reasonable to order possession on ground 5.

The court can order possession on ground 6 where the tenant assigns or sublets the whole of the property to another person without the landlord's consent. A landlord can use the ground if the tenant has at any time sublet or assigned the whole of the property.

The landlord can obtain possession against the tenant and subtenant using ground 6.[10]

Find out more about subletting a regulated tenancy.

Landlord's consent to assignment or sublet

A landlord might implicitly consent to assignment or a sublet.[11] For example, where they accept rent after becoming aware of a sublet.

Contractual or statutory regulated tenancy

Ground 6 only applies during the contractual term of a regulated tenancy.

A statutory regulated tenant loses their security of tenure entirely if they sublet the whole property. A statutory tenant cannot assign their tenancy.

Reasonable to order possession on ground 6

The court must be satisfied that it is reasonable to order possession on ground 6.

The court might not find it reasonable to order possession if there is no subtenancy in existence when the claim is issued.

The court can order possession on ground 8 when both:

• the property was let for the tenant's employment by the landlord, or by a previous landlord under the same tenancy, and

• the tenant's employment has ended

The property must reasonably be required by a new full time worker.

If the landlord is later found to have misrepresented or concealed facts to the court in order to gain possession, the court can order the landlord to pay damages to the tenant.[12]

Agricultural workers

Some farm workers employed by their landlord have special protection. Qualifying workers have a protected agricultural occupancy if their agreement started before 15 January 1989.

Find out more about agricultural occupiers.

Reasonable to order possession on ground 8

The court must be satisfied that it is reasonable to order possession on ground 8.

The court can order possession on ground 9 if it is satisfied the landlord reasonably requires the property for occupation by themselves or a relative. The landlord's relatives include children over 18, the landlord's parents, and the parents of their spouse or civil partner.

The landlord must require the property to live in for a reasonable length of time, not to sell.[13] If the landlord is later found to have misrepresented or concealed facts to the court in order to gain possession, the court can order the landlord to pay damages to the tenant.[14]

The landlord cannot use ground 9 if they bought the property with the tenant already in occupation.

When occupation is reasonably required

A landlord can use ground 9 where they reasonably require the property as a residence by them or their family. The court might consider:

• the landlord's health

• the size of the landlord's family

• the landlord's residence or lack of it

• the nature and place of the landlord's business

Tenant's defence of greater hardship

Tenants have a complete defence to possession if they can prove that greater hardship would be caused to them by a possession order than would be caused to the landlord by refusing possession.[15]

The court has a wide discretion to consider factors that might affect the landlord and tenant, including their health, financial means and the availability of accommodation

Reasonable to order possession on ground 9

The court must be satisfied that it is reasonable to order possession on ground 9.

The court can order possession on ground 10 if it is satisfied the tenant is charging a subtenant more than a rent fixed by the First-tier Tribunal.

The subtenant must be entitled to registered rent protection. The ground might apply where the tenant is charging a subtenant more than a registered rent, or where there has been a failure to comply with the rent increase process.[16]

Ground 10 does not apply if the subtenant is outside of the protection of the Rent Act 1977. The ground rarely applies because the tenant is usually a resident landlord and the subtenant is an excluded occupier.

Reasonable to order possession on ground 10

The court must be satisfied that it is reasonable to order possession on ground 10.

The court can order possession on ground 10A where the Home Office has notified the landlord that one or more, but not all, of the tenants or occupiers do not have a right to rent.

Who has the right to rent?

Some people automatically have a right to rent, for example British and Irish citizens. For others it depends whether they have leave or permission to be in the UK. A person with no leave to remain in the UK has no right to rent.

Private landlords are prohibited from letting out accommodation to someone with no right to rent.

Find out more about the right to rent.

When no one has the right to rent

Ground 10A does not apply where the Home Office has served notice that all occupiers have no right to rent.

Where no one has a right to rent the regulated tenancy is converted to a tenancy that is excluded from protection under the Protection from Eviction Act 1977. The landlord can serve a 28 days' notice on a prescribed form.

Reasonable to order possession on ground 10A

The court must be satisfied that it is reasonable to order possession on ground 10A.