Secure tenancy grounds for possession with rehousing

Grounds 9 to 11 are mandatory. The court must order possession if it is satisfied that the conditions for the mandatory ground are met.

Grounds 12 to 15A are discretionary. 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

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

Suitable alternative accommodation

When applying for possession on grounds 9 to 15A, the landlord must show the court suitable accommodation will be available to the tenant and their family if a possession order is made.

Where the landlord is not the local housing authority, a certificate from the local housing authority stating the authority will provide suitable accommodation to the tenant is conclusive evidence that suitable accommodation will be available.

Where the landlord is the local housing authority or there is no certificate, the landlord must prove there will be suitable accommodation available to the tenant when the possession order is executed.[1]

Suitable alternative accommodation must give the tenant equivalent security of tenure to their current tenancy. For example, another secure tenancy.

The alternative accommodation must be reasonably suitable to the needs of the tenant and their family.[2] The court must consider factors including:

• the terms of the new tenancy agreement

• whether the new accommodation is large enough for the tenant and their family

• how the move could affect work or school commutes for the tenant and their family

• the distance from a member of the tenant's family, if the tenant needs to live close to that family member for wellbeing reasons

Reasonable to order possession on discretionary grounds

When a landlord uses one of the discretionary grounds 12 to 15A, the court must be satisfied it is 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.

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.[3]

Find out more about flexible tenancy notice seeking possession.

The court must order possession on ground 9 when the occupier is guilty of an offence because the property is statutorily overcrowded.

Statutory overcrowding offence

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.

Landlord must provide suitable accommodation on ground 9

The landlord must show the court that suitable alternative accommodation will be available to the tenant if the order is made on ground 9.[4]

When seeking an order on ground 9, the offered accommodation must be large enough so that when the tenant and their family move in the overcrowding room standard is not breached. The overcrowding space standard can be breached.[5]

The alternative accommodation must still be reasonably suitable. Alternative accommodation that does breach the space standard could be unsuitable for the needs of the tenant and their family for a range of reasons, which must include the degree of overcrowding.[6]

Find out more about the overcrowding room and space standards.

The court must order possession where on ground 10 if the landlord both:

• intends to demolish, reconstruct or carry out substantial works to the whole or a considerable part of the property, and

• cannot reasonably carry out the work while the tenant remains in residence

If the tenant agrees to vacate the premises temporarily while the works are carried out then there might be no need for possession. For example, if they stay with relatives.

The landlord must identify specifically the proposed works and show why it is necessary to recover possession in order to carry out the works.[7]

Landlord must provide suitable accommodation on ground 10

The landlord must show the court that suitable alternative accommodation is available to the tenant if the order is made on ground 10.[8]

Home loss payment

Tenants displaced as a result of ground 10 proceedings might be entitled to home loss payments.[9] Find out more about home loss payments.

The court must order possession on mandatory ground 10A if:

• the property, or part of the property, is in an area which is subject to a redevelopment scheme, and

• the landlord intends within a reasonable time of obtaining possession to dispose of the property, or part of the property, in accordance with the scheme

Redevelopment schemes

A landlord can only use ground 10A if the property is in a redevelopment scheme.

The Housing Act 1985 sets out when the Secretary of State, the regulator of social housing, or the Welsh Assembly Government can designate a redevelopment area. The landlord must consult affected tenants.[10]

Landlord must provide suitable accommodation on ground 10A

The landlord must show the court that suitable alternative accommodation is available to the tenant if the order is made on ground 10A.[11]

Payment for loss of home

Tenants displaced as a result of ground 10A proceedings might be entitled to home loss payments.[12] Find out more about home loss payments.

The court must order possession on mandatory ground 11 when the landlord is a charity and the tenant's continued occupation of the property would conflict with the charity's objectives.

When ground 11 might apply

Ground 11 is likely to be satisfied as a result of a change in the tenant's circumstances or a change in the charity's objectives. For example, when the tenant gets married but the charity's objective is to provide accommodation for single people.

A landlord could use discretionary ground 1 if the conflict is caused by the tenant's breach of their tenancy agreement. A landlord does not have to provide suitable alternative accommodation when using ground 1. Find out more about ground 1.

Landlord must provide suitable accommodation on ground 11

The landlord must show the court that suitable alternative accommodation is available to the tenant if the order is made on ground 11.[13]

The court must be satisfied that:

• the tenant's employment has ended

• the tenancy is needed for another employee

• suitable alternative accommodation is available

This ground 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:

• in a cemetery

• 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.[14]

Reasonable to order possession on ground 12

The court must be satisfied that it is reasonable to order possession on ground 12.

The court must be satisfied that the property:

• has been adapted or designed to accommodate a physically disabled person

• has no one living in it who is disabled

• is needed for someone who is disabled

The court can only order possession on ground 13 if the design or adaptations make the property substantially different.

Small changes like installing a ground floor bathroom are not covered.[15]

Reasonable to order possession on ground 13

The court must be satisfied that it is reasonable to make a possession order on ground 13.

Ground 14 can only be used by housing association or housing trust landlords.

The court must be satisfied that the property is designated for people whose personal circumstances make it difficult for them to secure their own accommodation.

Personal circumstances do not include financial difficulties. It could include disability, sexual orientation, or gender reassignment.

The court can order possession of a property on ground 14 if it is required for someone with special needs and either:

• the tenant has received an offer of accommodation in a secure tenancy from a local authority, or

• no one with special housing needs is living at the property

Reasonable to order possession on ground 14

The court must be satisfied that it is reasonable to make a possession order on ground 14.

The court must be satisfied that the property is designated for people with special needs.

The court can order possession of a property on ground 15 if:

• it is one of a group of similar properties close to social service or other special facility

• it is required for someone with special needs

• no one with special needs is living in the property

Special needs housing could include properties intended for older adults, or people with a mental or physical disability.

Reasonable to order possession on ground 15

The court must be satisfied that it is reasonable to make a possession order on ground 15.

The court must be satisfied that:

• notice was given or possession proceedings started at the right time

• the property is larger than reasonably required by the successor tenant

• suitable alternative accommodation is available

Time limits for use of ground 15A

The landlord can use this ground if a notice seeking possession (NSP) is served on the successor tenant more than six months, but less than 12 months after the ‘relevant date’.

The relevant date is either:[16]

• the date of the previous tenant's death, or

• if the court directs it, the date when the landlord became aware of the previous tenant's death

In one case, the Court of Appeal allowed the successor tenant to stay even though he had deliberately concealed his mother's death for three years to avoid being moved to an alternative property.[17]

The landlord must start court action within 12 months of the date on the NSP or it will lapse.[18] If the court dispenses with the notice requirement, possession proceedings must start more than six months, but less than 12 months after the relevant date.[19]

When ground 15A cannot be used

Ground 15A cannot be used if the successor tenant is:[20]

• the spouse or civil partner of the tenant who died

• a cohabiting partner who lived with the tenant as if they were married or civil partners

Ground 15A can only be used for cohabiting partners if they:[21]

• did not live with the tenant as if they were married or civil partners

• succeeded to the tenancy because of a contractual term

For example, if a partner moved in to look after the tenant shortly before their death but kept their financial affairs separate. They might still succeed to the tenancy if a contractual term says carers can succeed. The landlord could use ground 15A in this situation.

Ground 15A cannot be used if the tenancy was assigned to a potential successor before the tenant's death.

Household needs on the date of the hearing

The court should take into account who lives with the tenant on the date of the hearing.

If family members have moved in after the death of the original tenant, and are now living with the successor tenant then this will be relevant to the questions of:[22]

• whether the property is larger than they reasonably need

• what is needed in terms of suitable alternative accommodation

Reasonable to order possession on ground 15A

The court must consider these factors when deciding if it is reasonable to order possession:

• the age of the tenant

• how long the tenant has lived in the property as their only or main home

• any financial or other support the tenant gave to the previous tenant

It can also look at other factors. For example, if there are any reasons for the tenant's attachment to the particular home or locality.