Regulated tenancy mandatory grounds for possession

If the landlord relies on a mandatory ground, the court must order possession if it is satisfied that the conditions are met.

The landlord can seek mandatory possession on the basis of a statutory overcrowding offence, or use one of the grounds 11 to 20.

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.

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.

Orders the court can make

Where the conditions for a mandatory ground are met, the court usually makes an outright possession order for 14 days but can postpone the possession date for up to 42 days in cases of exceptional hardship. The 42 days runs from the date the order is made.

Find out more about what orders the court can make.

The court must order possession when the occupier is guilty of an offence because the property is statutorily overcrowded.[1]

An occupier commits an offence if they cause or allow accommodation to become statutorily overcrowded. The legal definitions of overcrowding are the room standard and the space standard. A dwelling is statutorily overcrowded if either or both standards apply.

Overcrowding is allowed in some situations. For example, the occupier has not committed an offence is the standards are breached because a child has turned either one or ten years old.

Find out more about statutory overcrowding.

The tenant does not have to be convicted before the landlord can seek possession.[2] The landlord should show that:

• a conviction for overcrowding could be obtained

• the contractual tenancy has ended

Where there is statutory overcrowding, the court cannot postpone a possession order.[3]

The court must order possession on ground 11 where it is satisfied the landlord previously lived in the property and the landlord or a member of their family requires the property.

The court must be satisfied that either:

• the landlord requires the property as their residence

• the landlord needs to sell the property with vacant possession so they can buy another house nearer their workplace

• the landlord has died and a member of their family living with them at the time needs the property

• a successor wants to dispose of the property with vacant possession

• a mortgage lender wants to dispose of the property with vacant possession

When a landlord requires the property as their residence, the court must be satisfied they genuinely want to occupy or have the immediate intention of occupying the property. It does not have to be permanent residence. For example, occupation for holidays and short visits might be sufficient.[4]

Prior notice required for ground 11

The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 11. The court has discretion to waive this requirement.

The court must order possession on ground 12 where it is satisfied the landlord intended to live in the property when they retire.

The court must be satisfied that either:

• the landlord has retired and requires the property as a retirement home

• the landlord has died and a member of their family living with them at the time requires the property

• a successor wants to dispose of the property with vacant possession

• a mortgage lender wants to dispose of the property with vacant possession

Prior notice required for ground 12

The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 12. The court has discretion to waive this requirement.

The court must order possession on ground 13 if both:

• the tenancy is for a fixed term of not more than eight months, and

• during the year before the start of the tenancy the accommodation was occupied as a holiday let

Ground 13 might apply if the property is let out for holidays during the summer and rented to tenants out of season.

Prior notice required for ground 13

The landlord must have informed the tenant in writing before the start of the tenancy that they might use ground 13. The court does not have the discretion to waive this requirement.

The court must order possession on ground 14 if both:

• the tenancy is for a fixed term of not more than 12 months, and

• during the year before the start of the tenancy the accommodation was a student letting

Ground 14 might apply if the property is let to students by a university during term time and rented out to tenants during the holidays.

What is a student letting?

A student letting is a tenancy granted by a specified educational institution, or another specified housing provider, to a student who is pursuing, or intends to pursue, a part time or full time course at the educational institution.[5]

The Secretary of State issued regulations to specify the educational institutions and housing providers.

Prior notice required for ground 14

The landlord must have informed the tenant in writing before the start of the tenancy that they might use ground 14. The court does not have the discretion to waive this requirement.

The court must order possession on ground 15 when the property is both:

• held for use by a minister of religion to perform their duties, and

• required for occupation by a minister of religion

Prior notice required for ground 15

The landlord must have informed the tenant in writing before the start of the tenancy that they might use ground 15. The court does not have the discretion to waive this requirement.

The court must order possession on ground 16 where the landlord reasonably requires the home for occupation by an agricultural worker. An agricultural worker must have previously occupied the home.

For ground 16 to apply, the current tenant cannot be either:

• a current or former employee of the landlord, or

• the widow of an employee of the landlord

Prior notice required for ground 16

The landlord must have informed the tenant in writing before the start of the tenancy that they might use ground 16. The court does not have the discretion to waive this requirement.

Grounds 17 and 18 are very rare and apply only to farmhouses.

Ground 19: Protected shorthold tenancies

Ground 19 applied where the property has been let on a protected shorthold tenancy and the tenancy has come to an end.

There are no more protected shorthold tenancies in existence. Protected shortholds could only be granted between 1980 and 1989 for a fixed term of up to five years. All new tenancies granted to former protected shorthold tenants after 1989 are assured shorthold tenancies.

The court must order possession on ground 20 where it is satisfied the landlord was a member of the armed forces when they bought the property and when the tenancy started, and the landlord or a member of their family requires the property.

The court must be satisfied that either:

• the landlord requires the property as their residence

• the landlord needs to sell the property with vacant possession so they can buy another house nearer their workplace

• the landlord has died and a member of their family living with them at the time requires the property

• a successor wants to dispose of the property with vacant possession

• a mortgage lender wants to dispose of the property with vacant possession

Prior notice required for ground 20

The landlord must have told the tenant in writing before the start of the tenancy that they might use ground 20. The court has discretion to waive this requirement.