Secure tenancy suitable accommodation mandatory grounds for possession

Mandatory grounds on which a possession order can be made against a secure tenant when suitable alternative accommodation is available.

This content applies to England

Pre-action protocols

Social landlords should follow the Pre-action Protocol for Possession Cases by Social Landlords before pursuing possession proceedings on these grounds.

Suitable alternative accommodation

For alternative accommodation to be considered suitable it must give comparable security of tenure as the tenant already has. In addition, it must be reasonably suitable for the needs of the tenant and their household.

For further information see Definitions of reasonable and suitable alternative accommodation.

Ground 9 – Overcrowding

Where the property is statutorily overcrowded and the occupier is guilty of an offence.[1] The offence of statutory overcrowding is not committed where there has been a natural growth in family size.

Ground 10 – Demolition or major works

Where the landlord intends either to demolish or reconstruct or do works to the property and needs possession in order to do so.

The landlord must prove that it intends carrying out works and such work cannot reasonably be carried out without obtaining possession.[2] If the tenant agrees to vacate the premises temporarily while the works are carried out then there may be no need for possession.

The displaced tenant is normally entitled to compensation when this ground is used.[3]

Ground 10A – Property to be sold to allow redevelopment

Where the property is to be sold by the landlord to allow redevelopment to take place. Before agreeing a redevelopment scheme of this nature the landlord must consult with the affected tenants.

The displaced tenant will normally be entitled to compensation.[4]

Ground 11 – Conflict with the charitable objectives

Where the landlord is a charity and it would conflict with the charitable objectives of the charity for the tenant to remain in occupation. This applies where, for example, a charity has specific aims, such as providing accommodation for certain client groups, but the tenant no longer fits the description.

Last updated: 22 March 2021

Footnotes

  • [1]

    Part 10 Housing Act 1985.

  • [2]

    Wansbeck DC v Marley (1988) 20 HLR 247, CA.

  • [3]

    s.29(1)(e) Land Compensation Act 1973.

  • [4]

    s.29(1)(e) Land Compensation Act 1973.