Grounds For Possession
What Are Grounds for Possession?
Since the Renters’ Rights Act banned Section 21 ‘no fault’ evictions, landlords can no longer ask tenants to leave without giving a legal reason.
Instead, they must rely on one or more Grounds for Possession.
A ground for possession is a legally recognised reason why a landlord can ask the court to end a tenancy.
Some grounds are mandatory, meaning the court must grant possession if the legal requirements are met. Others are discretionary, meaning the court will consider all of the circumstances before deciding whether it is reasonable to make a possession order.
Mandatory vs Discretionary Grounds
Not every possession claim is treated in the same way.
Mandatory Grounds
If the landlord proves that a mandatory ground applies and has followed the correct legal process, the court is generally required to make a possession order.
Discretionary Grounds
With discretionary grounds, the court has more flexibility.
Even if the landlord proves that the ground exists, the judge must also decide whether granting possession would be reasonable in the circumstances.
Common Grounds Landlords May Use
Most tenants will only ever come across a small number of the available grounds for possession.
The Landlord Wants to Move Into the Property
A landlord may be able to recover possession if they, or a close family member, genuinely intend to live in the property as their main home.
This ground cannot usually be used during the first 12 months of a new tenancy and landlords must comply with the relevant notice requirements.
The Landlord Intends to Sell the Property
If a landlord genuinely intends to sell the property, they may be able to seek possession using the appropriate statutory ground.
Like the occupation ground, this is subject to restrictions designed to prevent misuse and cannot normally be used during the first year of a new tenancy.
Rent Arrears
Failing to pay rent can allow a landlord to seek possession.
The court will consider the amount of rent owed, how long the arrears have existed and the legal ground relied upon.
If you’re struggling to pay your rent, it’s usually far better to speak to your landlord as early as possible rather than allowing the arrears to increase.
Serious Breaches of the Tenancy Agreement
A landlord may seek possession where a tenant has seriously breached the terms of their tenancy agreement.
Examples might include:
- causing significant damage to the property
- unlawful subletting
- persistent refusal to allow legally required access
- other serious breaches of the tenancy agreement
Whether possession is granted will depend on the legal ground being relied upon and the evidence available.
Anti-Social or Criminal Behaviour
Landlords may also seek possession where serious anti-social behaviour or criminal activity has occurred.
This can include behaviour by the tenant, members of their household or visitors to the property.
These cases are often dealt with more quickly because of the impact such behaviour can have on neighbours and the wider community.
Are These the Only Grounds?
No.
The law contains a number of additional grounds that apply to more specific situations, including certain student accommodation, employment-related housing, mortgage repossessions and superior landlords.
Most private renters are unlikely to encounter these grounds, but they remain available where the legal requirements are met. Full details are available in the Government’s guidance.
What Happens After a Landlord Serves Notice?
Receiving a notice seeking possession doesn’t usually mean you have to leave immediately.
In most cases, the process is:
- Your landlord serves a notice relying on one or more legal grounds.
- The notice period expires.
- If you remain in the property, your landlord may apply to the court for a possession order.
- The court considers the evidence before deciding whether possession should be granted.
- If necessary, enforcement is carried out by authorised enforcement officers.
A landlord cannot usually remove a tenant themselves without following the legal process.
Can I Challenge a Possession Claim?
Yes.
Depending on the circumstances, you may be able to challenge a possession claim if, for example:
- the landlord has relied on the wrong legal ground
- the correct notice wasn’t given
- the legal process wasn’t followed correctly
- the evidence doesn’t support the ground being relied upon
- the court considers possession would not be reasonable where a discretionary ground applies
If you receive court papers, it’s important not to ignore them.
Common Misunderstandings
“My Landlord Can Evict Me Whenever They Want”
No.
Landlords must rely on a legal ground for possession and follow the correct legal process.
“Receiving Notice Means I Must Leave Immediately”
Not usually.
Receiving notice is often only the first step in the legal process.
“The Court Automatically Sides With the Landlord”
Not always.
The landlord must prove the legal ground they’re relying on, and for discretionary grounds the court must also decide whether granting possession is reasonable.
“Section 21 Was Replaced With Another ‘No Fault’ Eviction”
No.
Section 21 has been removed.
Landlords must now rely on one of the statutory grounds for possession.
Frequently Asked Questions
Can My Landlord Still Evict Me?
Yes.
However, they must rely on a legal ground for possession rather than using a Section 21 notice.
Will I Always Have to Go to Court?
Not necessarily.
Some tenants choose to leave during the notice period, while others remain until a court makes a decision.
Can My Landlord Change the Locks?
Generally, no.
Landlords must usually obtain a possession order and follow the legal enforcement process before a tenant can lawfully be removed.
What If My Landlord Wants to Sell?
Selling the property can be a valid ground for possession, but the landlord must still follow the legal process and satisfy the requirements of that ground.
What If I Think the Notice Is Wrong?
You should seek advice as soon as possible.
A notice may be invalid if the landlord has failed to follow the legal requirements or cannot prove the ground being relied upon.
Key Takeaways
- Section 21 has been replaced by a system based on legal grounds for possession.
- Landlords must rely on a recognised statutory ground.
- Some grounds are mandatory, while others are discretionary.
- Receiving notice doesn't usually mean you must leave immediately.
- If court proceedings begin, it's important to understand your rights and respond appropriately.
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