Secure tenancy grounds for possession

If the landlord uses a discretionary ground 1 to 8, the court must decide if both:

• it is satisfied the ground has been made out

• it is reasonable to make a possession order

Schedule 2 of the Housing Act 1985 sets out the grounds.

The landlord does not have to provide the tenant with suitable alternative accommodation when they seek possession on these grounds. A landlord must offer suitable alternative accommodation if they use grounds 9 to 15A. Find out more about secure tenancy grounds with rehousing.

Reasonable to order possession

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.

Notice for a periodic secure tenancy

A notice of seeking possession must be in the prescribed form and state a date after which possession proceedings can start. Proceedings cannot normally start earlier than the date the tenancy could be ended by notice to quit.

Court proceedings for claims on ground 2 can start immediately.[1]

Find out more about a secure tenancy notice seeking possession.

Notice for a flexible tenancy

A flexible tenancy is a form of secure tenancy granted for a fixed term. The local authority can recover possession during the fixed term of a flexible tenancy by serving a notice of seeking termination of the tenancy and recovery of possession. The authority can rely on the same grounds available against a periodic secure tenant.

The tenancy agreement must have a forfeiture clause or contractual break clause.[2]

Find out more about flexible tenancy notice seeking possession.

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

• failed to pay rent lawfully due

• breached another term of the tenancy

Ground 1 is most 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. The rent must have been in arrears at the date the notice was served and on the day of the court hearing.

There is no minimum amount of rent arrears that must be owed for a landlord to use ground 1.

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. For example, because the tenancy was assigned, or the tenant is a successor.[3]

The rent must be due from the current tenancy. It cannot be lawfully due from a previous 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. Read more about what rent covers on Shelter Legal.

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.

Ground 1 is normally sued for a breach of an express term that is written into the agreement. Implied terms, such as keeping the property in a reasonable state of repair, are covered by other grounds.

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 take into account:

• 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 have ceased to breach 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 or visiting the property has either:

• caused nuisance or annoyance to anyone living in, visiting or carrying out a lawful activity in the locality

• caused nuisance or annoyance towards the landlord or someone employed, whether or not by the landlord, in connection with the landlord's housing management function

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

• been convicted of a more serious offence in the locality

More serious offences are those that can only be tried in the Crown Court.

'Locality' means a wider area than the immediate neighbourhood.[4] Ground 2 can be used if the tenant committed an offence in the locality before the tenancy started.[5]

Excessive noise is a common reason for landlords to use ground 2. Causing nuisance or annoyance includes behaviour likely to cause it. Find out more about nuisance and antisocial behaviour.

What the court must consider

The court must consider:[6]

• the seriousness, frequency and severity of the tenant's behaviour

• the effect that the nuisance or annoyance has had on other people

• whether the tenant has shown any remorse and modified their behaviour

• if the antisocial behaviour is caused only by a member of the tenant's household or a visitor

• the effect that the nuisance or annoyance would be likely to have on others if it happened again

Local authorities should follow their policies for dealing with antisocial behaviour.

If antisocial behaviour has been serious and persistent, or the tenant has committed a criminal offence, a possession order on ground 2 should only be suspended in exceptional cases.[7]

If the nuisance behaviour is a consequence of a mental heath condition the tenant refuses treatment for, the court might view this as evidence that the conduct will persist.[8]

In more serious cases of antisocial behaviour, especially if there has been an order or a conviction for a more serious offence, the landlord can use a mandatory ground for antisocial behaviour.

Notice period for ground 2

The landlord can apply to court for a possession order on ground 2 immediately after serving a notice.

The landlord's notice must:[9]

• state that court proceedings can be started immediately

• give a date when the landlord requires the tenant to leave the property

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 2A if one member of a couple has left the property because of domestic violence from the other partner and is unlikely to return. This ground is normally used after the partner fleeing domestic violence is re-housed.

The landlord can also use ground 2 if the perpetrator targets their partner's family member who lives with the couple and this causes their partner to leave.

A couple means people who are:

• married

• in a civil partnership

• living together as partners

At least one member of the couple must have a tenancy agreement for the property.

The landlord must take steps to serve a copy of the notice on the partner who has left.[10]

Domestic violence includes threats of violence and is not limited to physical violence. Find out more about the definition of domestic abuse and housing rights of domestic abuse survivors.

Reasonable to order possession on ground 2A

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

The court can order possession on ground 2ZA if it is satisfied that both:

• the tenant or an adult who lives in the property has been convicted of a serious offence

• the offence took place during a riot in the UK

The conviction must have been made by the Crown Court. Less serious offences that are heard in the Magistrates' Court are not included.

A riot means 12 or more people are in the same place, use or threaten unlawful violence for a common purpose, and their actions would cause someone to fear for their personal safety.[11]

Reasonable to order possession on ground 2ZA

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

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

This includes damage caused by failing to act. For example, ground 3 might apply where a tenant has not reported repair issues to the landlord and as a result the condition of the property deteriorates.

A landlord can use ground 3 if the damage has been caused by a lodger or subtenant, but not if it was caused by a visitor. If the lodger or subtenant caused the deterioration, the landlord must show that the tenant did not take reasonable steps to evict their lodger or subtenant.

What are common parts?

Common parts includes areas of the building shared by two or more tenants.[12] For example, communal stairs, hallways, rubbish chutes and other facilities in a block of flats.

Disability discrimination

A landlord might use ground 3 against a tenant with serious hoarding or other mental health disorders. The tenant might have a discrimination defence.

Find out more about disability discrimination defences.

Reasonable to order possession on ground 3

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

The court can order possession on ground 4 if it is satisfied the that furniture provided with the tenancy or for use in common parts has been damaged by the tenant or someone else living in the property. If the furniture has been damaged by a lodger or subtenant, the landlord must show that the tenant did not take reasonable steps to evict their lodger or subtenant.

Ground 4 can only be used in a furnished tenancy.

What are common parts?

Common parts includes areas of the building shared by two or more tenants.[13] For example, communal stairs, hallways, and other facilities in a block of flats.

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 if the landlord granted the tenancy as a result of a false statement made by the tenant, or by a person acting at the tenant's instigation. This includes situations where a statement was known to be false, or when a statement is made recklessly and turns out to be false.

A failure to provide information could be a false statement. For example, a person might apply for social housing and agree to inform the landlord of any changes to their circumstances that affects their housing need. A failure to disclose new information to the prospective landlord could be a false statement.[14]

Where a statement made was clearly material to the landlord's decision to grant the tenancy, the court can conclude the statement influenced the decision.[15]

When the tenancy has been assigned or succeeded to

Ground 5 can only be used against the original tenant. For example, a landlord cannot seek possession on ground 5 where the original tenant obtained the tenancy by deception and then assigned it to an innocent person.[16]

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 if it is satisfied that both:

• the tenancy was assigned to the tenant, or a family member who used to be the tenant, as part of a mutual exchange, and

• a premium was paid in connection with the exchange

Where the family member was assigned the tenancy, they must still live in the property with the current tenant. Ground 5 does not apply if the family member moves permanently out of residence prior to the issue of proceedings.

What counts as a mutual exchange

A secure tenant has the right to exchange their tenancy, by way of assignment, with another secure tenant or with an assured tenant of a housing association. For ground 5 to apply, the exchange must have been a mutual exchange under section 92 Housing Act 1985.

Ground 5 cannot be used where tenancies were exchanged in a different way. For example, where the landlords allowed an exchange by asking each tenant to surrender their own tenancy and sign a new one.

Find out more about assignment of secure tenancies.

What counts as payment of a premium

Ground 5 is met if either tenant paid a premium.

A premium might be a cash payment or another financial incentive. For example, a premium could include one tenant buying, at an inflated price, carpets or curtains left behind by the other tenant.

Reasonable to order possession on ground 6

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

The court must be satisfied that the tenant or someone who lives in the tied accommodation is guilty of conduct that makes it not right to continue to live there.

This ground can be used when the tenant is employed by the landlord. It can also be used if the tenant succeeded to a secure tenancy from someone who was employed by the landlord.

The tenancy must be either:

• part of a building that is used mainly for non-housing purposes

• within the 'curtilage' of a building used mainly for non-housing purposes

The 'curtilage' of a building means a small area around the building. The size of the area is a question of fact and degree. It does not extend to all the grounds owned by the landlord.[17]

Reasonable to order possession on ground 7

The court must be satisfied that it is reasonable to order possession on ground 7. It will consider the tenant or occupier's behaviour with regard to the main use of the building.

For example, if the tenancy is in a school building or playground, and a tenant or occupier has been convicted of a serious offence.

This ground can be used when a secure tenant has moved to another secure tenancy temporarily while works are done on their main home. This is often called a 'decant'.

The landlord must prove that:

• the works have been completed

• the tenant's old home is ready to move back into on a secure tenancy

• the tenant understood they would have to give up their temporary home when the works were completed

For example, the tenant might have signed an agreement to say they would return after works or refurbishments were done.

Reasonable to order possession on ground 8

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

It might look at:

• how long it took for the works to be done

• if the works have been done to an agreed standard

If the court orders possession on ground 8

The possession order is made on the temporary home.

The tenant can still move back to their former home as a secure tenant. If they do not move back in as their only or main home, the landlord could end the tenancy with a notice to quit.

If the landlord uses the mandatory antisocial behaviour ground, the court must order possession if it is satisfied one of the five antisocial behaviour conditions are met.

The court does not have to be satisfied it is reasonable to evict the tenant.

Find out more about the mandatory antisocial behaviour ground.