As a landlord, you are responsible for managing your rental property and ensuring that your tenants comply with their lease agreements. Unfortunately, there may be situations where you need to take legal action to evict a tenant who is not fulfilling their obligations. In such cases, understanding the grounds for possession in landlord-tenant law is crucial.

In this guide, we will explain what grounds for possession are, the different types of grounds, and provide examples of situations where they may be used. We will also offer advice on how to handle these situations and follow legal procedures. Finally, we will provide guidance on preparing for possession proceedings, attending possession hearings, and what to expect.

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Grounds for Possession Explained

Grounds for possession are legal reasons that a landlord can use to evict a tenant. These grounds can be mandatory, meaning that the court must grant possession to the landlord if the ground is proved, or discretionary, meaning that the court has the discretion to grant possession. Grounds for possession are typically used as a last resort when other efforts to resolve issues with the tenant have failed.

Mandatory Grounds for Possession

Mandatory grounds for possession are those where the court must grant possession if the ground is proved. These are:

• Rent arrears: If the tenant has at least two months’ rent arrears at the time of serving the notice and at the time of the court hearing.
• The Landlord’s mortgage lender requires possession: If the landlord’s mortgage lender requires possession of the property because the landlord has defaulted on their mortgage payments.
• The tenant is a former employee: If the tenant was a former employee of the landlord, and the tenancy agreement ended after the employment was terminated.
• The property is required for the landlord’s own use: If the landlord intends to move into the property as their main residence or if they need to provide it to a family member.
• The property is required for a family member’s use: If the landlord needs to provide the property to a family member to use as their main residence
• The property is being sold: If the landlord wishes to sell the property and the tenant has been informed in writing before the start of the tenancy that this may happen.

If a tenant has not paid rent or has breached their tenancy agreement, you can use these grounds to evict them. It is essential to follow legal procedures when using mandatory grounds for possession, including serving notice to the tenant and completing the necessary forms.

Note that some of these grounds have specific requirements that must be met before they can be used as a basis for eviction, and that not all of the above grounds may apply to every tenancy situation. It is always recommended that landlords seek legal advice before attempting to use any of these grounds.

Discretionary Grounds for Possession

Discretionary grounds for possession are those where the court has the discretion to grant possession. These are:

•  The property is in serious disrepair as a result of the tenant’s failure to comply with their obligations.
• The tenant owes at least two months’ rent, whether or not rent is currently due.
• The tenant has persistently delayed paying rent, or has been in arrears on more than one occasion
• The tenant has breached any term of the tenancy agreement.
• The tenant has been convicted of a criminal offence that took place in or near the property.
• The tenant has caused a nuisance or annoyance to neighbours or other people living nearby.
• The tenant has used the property for illegal or immoral purposes.
• The condition of the furniture or the property has deteriorated as a result of the tenant’s behaviour.
• The tenant has abandoned the property.

If a tenant is engaging in antisocial behaviour or has caused damage to the property, you can use these grounds to evict them. However, the court will consider various factors, such as the seriousness of the behaviour or damage, and may decide not to grant possession.

Preparing for Possession Proceedings

Preparing for possession proceedings involves gathering evidence and documentation to support your case. This may include copies of the tenancy agreement, rent statements, and any correspondence between you and the tenant. You will also need to complete the necessary forms and submit them to the court. It is crucial to follow legal procedures and seek legal advice if you are unsure about the process.

Attending Possession Hearings

During a possession hearing, the court will consider the evidence presented and make a decision. It is essential to prepare for the hearing by reviewing the evidence and practising how to present your case effectively. If the tenant does not attend the hearing, the court may decide to grant possession in your favour.

Conclusion

In conclusion, understanding the grounds for possession is crucial for landlords. This guide has explained what grounds for possession are, the different types of grounds, and how they can be used. We have also provided advice on how to handle these situations and follow legal procedures, as well as guidance on preparing for possession proceedings and attending possession hearings.

For additional resources on grounds for possession and landlord-tenant law, we recommend consulting a legal professional or visiting government websites such as the Department for Leveling Up, Housing and Communities. Remember, if you are unsure about your rights and obligations under the law, seek legal advice to avoid any legal pitfalls.

Everything you need to know about Evictions

• Grounds for Possession; a Landlords Guide
• How to Legally Evict your Tenants: A Landlords Guide
• Understanding Assured Shorthold Tenancy Evictions
• Section 21 Evictions: FAQs

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