In This Guide
Administration
Being a landlord
Buy to let investment
Choosing the property
Finding tenants
Letting property
Lettings agents
Levels of service
Preparing the property
Problem tenants
1. Introduction
2. Non payment of rent
3. Evicting tenants
4. Grounds for possession
Tenancy
Problem tenants
Grounds for possession
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There are two types of grounds for possession - mandatory and discretionary. If you prove a mandatory ground for possession, the court will almost always grant you a possession order. If you prove a discretionary ground for possession, this can still happen if the court thinks it is reasonable to do so based on the facts of the case, but they may only grant a suspended possession order and set some conditions under which the tenant can remain in the property.
Grounds 2, 8, 10, 11, 12, 13, 14, 15 and 17 give you the right to regain possession of your property under an assured tenancy. All grounds covey such a right under an assured shorthold tenancy.
Of the following, grounds 1 to 5 are called 'prior notice grounds'
which means that you must have notified the tenant in writing
before the tenancy started that you might seek possession on this
ground.
Ground 1: You used to live in the property as your only or main home. Or, so long as you or someone before you did not buy the property after the tenancy started, you or your wife require it to live in as your main home. At least two months notice required.
Ground 2: The property is subject to a mortgage which was granted before the tenancy started and the lender, usually a bank or building society, wants to sell it, normally to pay off mortgage arrears. At least two months notice required.
Ground 3: The tenancy is for a fixed term of not more than 8 months and at some time during the 12 months before the tenancy started, the property was let for a holiday. At least two weeks notice required.
Ground 4: The tenancy is for a fixed term of not more than 12 months and at some point during the 12 months before the tenancy started, the property was let to students by an educational establishment such as a university or college. At least two weeks notice required.
Ground 5: The property is held for use by a minister of religion and is now needed for that purpose. At least two months notice required.
Ground 6: You intend to substantially redevelop the property and cannot do so with the tenant there. This ground cannot be used where you, or someone before you, bought the property with an existing tenant, or where the work could be carried out without the tenant having to move. The tenants removal expenses will have to be paid. At least two months notice required.
Ground 7: The former tenant who must have had a contractual periodic tenancy or statutory periodic tenancy, has died in the 12 months before possession proceedings started and there is no-one living there who has a right to succeed the tenancy. At least two months notice required.
Ground 8: The tenant owes at least 2 months' rent if the tenancy is on a monthly basis or 8 weeks' rent if it is on a weekly basis, both when you gave notice seeking possession and at the date of the court hearing. At least two weeks notice required.
Ground 9: Suitable alternative
accommodation is available for the tenant, or will be when the
court order takes effect. The tenant's removal expenses will have
to be paid. At least two months notice required.
Ground 10: The tenant was behind with his rent both when you served notice seeking possession and when you began court proceedings. At least two weeks notice required.
Ground 11: Even if the tenant was not behind with his rent when you started possession proceedings, he has been persistently late in paying his rent. At least two weeks notice required.
Ground 12: The tenant has broken one or more of the terms of the tenancy agreement, except the obligation to pay rent. At least two weeks notice required.
Ground 13: The condition of the property has got worse because of the behaviour of the tenant or any other person living there. At least two weeks notice required.
Ground 14: The tenant, or someone living in or visiting the property:
- has caused, or is likely to cause, a nuisance or annoyance to someone living in or visiting the locality; or,
- has been convicted of using the property, or allowing it to be used, for immoral or illegal purposes, or an arrestable offence committed in the property or in the locality. With this ground you can start possession proceedings as soon as you have served notice on the tenant.
Ground 15: The condition of the furniture in the property has got worse because it has been ill treated by the tenant or any other person living there. At least two weeks notice required.
Ground 16: The tenancy was granted because the tenant was employed by you or a former landlord, but he is no longer employed by you. At least two months notice required.
Ground 17: you were persuaded to grant the tenancy on the basis of a false statement knowingly or recklessly made by the tenant, or a person acting at the tenant's discretion. At least two weeks notice required.
You must serve notice seeking possession of the property on the
tenant before you can start court proceedings. You must give the
following amounts of notice:
For grounds 3, 4, 8, 10, 11, 12, 13, 15 or 17 - at least 2 weeks.
For grounds 1, 2, 5, 6, 7, 9 and 16 - at least 2 months.
For ground 14 you can start proceedings as soon as you have served notice.
If the tenancy is on a contractual periodic or statutory periodic basis, the notice period must end on the last day of the tenancy period.
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