Grounds for Possession

Where a tenant commits a breach of tenancy and the landlord and tenant are unable to resolve their issues [the Landlord must, prior to any court action], issue the tenant a Section 8 Notice. This notice must quote "exactly" which lawful ground(s) the landlord wishes to rely on. Such Notice must also allow the Tenant 1 day thru to two months the opportunity to remedy the said breach.

Click here to issue a Section 8 Notice for Breach of Tenancy

ONLY after the Tenant has failed to remedy the breach within the specified time can the Landlord apply to the court to terminate the Tenancy'. At the time of application the Landlord may also request an order for damages; Asking the Courts to grant a money order for rent arrears is the most commonly used

What are the 17 Grounds for Possession?

Whilst there are, 17 Grounds for possession not all apply; some are for exclusive use of Social Landlords, Holiday Lets and Employers. With regards private Landlords the following apply;

Mandatory Grounds - the court must agree with the landlord's request to evict, as long as they give the court proof first.

Rent arrears are over two months or more than 8 weeks if payable weekly due. Ground 8: We recommend be used in conjunction with Ground 10 (some money lawfully due) and Ground 11 (rent is persistently paid late)
If the rent arrears owed at least 2 months/ 8 weeks rent. Issue a Section 8 Notice using our Automated Wizard.
The Landlord lived in the property before and they want the property back to live in Ground 1 (must have informed the Tenant of this prior to commencement of the Tenancy)

'Discretionary Grounds' the court does not have to agree with the landlord's request to evict if they think it is unreasonable. A Judge can issue a Suspended Possession Order

Some money lawfully due. Ground 10 & Rent is persistently paid late Ground 11
Breach of Tenancy - not otherwise specified by other Ground Use if your tenant has been breached some term of the tenancy Ground 12
Tenant is damaging the premises Ground 13
Anti Social or Criminal Behaviour : Use if your tenant or their guests are engaging in anti-social behaviour Ground 14 (a) or and Criminal 14 (b)
Damaging Furniture within the premises Ground 15
Deceived into granting a Tenancy by lies Tenant gave you false or misleading information on which you relied when granting the tenancy (e.g. false references) Ground 17
NON Rent related grounds FREE 15 PAGE GUIDE Dealing with Possession NON rent arrears

Multiple Grounds may be quoted on a section 8 Notice but a Judge will require such grounds (breaches) are substantiated – at the court hearing the Judge will require evidence of alleged conduct . Many people make a severe mistake by quoting multiple grounds this can have an adverse affect on the legal proceedings. If you are not sure which type of tenancy you have or which grounds to use, contact the members helpline.