(Cut & past - do not edit the text)
Ground 1 - Landlords former dwelling & wanting to move back - clause 7.3 of PIMS Tenancy Agreement
[Notice length 2 months expiry]
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this Ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)
(a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling house as his only or principal home; or
(b) the landlord who is seeking possession, or, in the case of joint landlords seeking possession, at least one of them requires the dwelling house as his or his spouse's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money's worth.
Ground 8 - Rent arrears, Over Two Months or more than 8 weeks if payable weekly due.
[Notice length 14 days]
Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing:-
(a) if rent is payable weekly or fortnightly, at least eight weeks rent is unpaid;
(b) if rent is payable monthly, at least two months rent is unpaid
(c) if rent is payable quarterly, at least one quarter's rent is more than three months in arrears; and
(d) if rent is payable yearly, at least three months rent is more than three months in arrears;
(e) and for the purpose of this Ground “rent” means rent lawfully due from the tenant
Ground 9 - EmergENCy Building Repairs / Fire etc are example
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect
Ground 10 -Rent arrears, Some money lawfully due.
[Notice length 14 days]
Some rent lawfully due from the tenant:-
(a) is unpaid on the date on which the proceedings for possession are begun; and
(b) except where subsection(1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings
Ground 11- Rent is persistently paid late
[Notice length 14 days]
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due
Ground 12 -tenant has been breached some term of the tenancy
[Notice length 14 days]
Any obligation of the tenancy (other than one relating to the payment of rent) has been broken or not performed.
Ground 13 - Tenant is damaging the premises
[Notice length 14 days]
The condition of the dwelling house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or the sub-tenant.
For the purposes of this Ground, “common parts” means any part of a building comprising the dwelling house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling houses in which the landlord has an estate or interest.
Ground 14 - Anti social or criminal behaviour
(Notice (a) 14 days (b) 1 day) - Technically can be same but we advocate demostrating to the Judge you have allowed reasonable time to remedy prior to requiring court action
6th April 2015 This section amended to allow provision for Anti-social Behaviour, Crime and Policing Act 2014 see
new PIMS section
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PIMS NOTES GROUND 14 FOR REFERENCE
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The court must consider, in particular—
(a) the effect that the nuisance or annoyance has had on persons other than theperson against whom the order is sought;
(b)any continuing effect the nuisance or annoyance is likely to have on suchpersons;
(c)the effect that the nuisance or annoyance would be likely to have on suchpersons if the conduct is repeated.]
Ground 15 - tenant is damaging the furniture within the premises
[Notice length 14 days]
The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant
Ground 17 - Tenant deceived you into granting a Tenancy
[Notice length 14 days]
Where the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by (a) the tenant or (b) a person acting at the tenant's instigation.
Grounds which are in the norm non Landlord/Letting Agent - we recommend you seek independent legal advice
Ground 2 - Lender Mortage Default (Not really for use by Landlord however covered by clause 7.3 of PIMS Tenancy Agreement)
The dwelling house is subject to a mortgage granted before the beginning of the tenancy and:-
(a) The mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by Section 101 Law of Property Act 1925; and
(b) The mortgagee requires possession of the dwelling house for the purpose of disposing of it with vacant possession in exercise of that power; and
(c) Either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice, and for the purposes of this Ground ”mortgage” includes a charge and “mortgagee” shall be construed accordingly.
Ground 3 - Seasonal Holiday let on Tenancy
The tenancy is a fixed term tenancy for a term not exceeding eight months and:-
(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this Ground; and
(b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling house was occupied under a right to occupy it for a holiday
Ground 4 - Tenancy granted by Education instituion (ie Halls of Residence)
The tenancy is a fixed term tenancy for a term not exceeding twelve months and:-
(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this Ground; and
(b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling house was let on a tenancy falling within paragraph 8 of schedule 1 to this Act
Ground 5 - Churches
The dwelling house is held for the purpose of being available for occupation by a Minister of Religion as a residence from which to perform the duties of his office and:-
(a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this Ground; and
(b) the court is satisfied that the dwelling house is required for occupation by a minister of religion as such a residence
Ground 6 - Social Housing
The landlord who is seeking possession or, if that landlord is a registered housing association or charitable housing trust, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling house or to carry out substantial works on the dwelling house or any part thereof or any building of which it forms part and the following conditions are fulfilled:-
(a) the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling house because
(I) tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or
(II) the nature of the intended work is such that no such variation is practicable, or
(III) the tenant is not willing to accept an assured tenancy of such part only of the dwelling house ( in this sub –paragraph referred to as “the reduced part” as would leave in the possession of his landlord so much of the dwelling house as would be reasonable to enable the intended work to be carried out and where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
(IV) the nature of the intended work is such that such a tenancy is not practicable; and
(b) either the landlord seeking possession acquired his interest in the dwelling house before the grant of the tenancy or that interest was in existence at the time of the grant and neither that landlord or in the case of joint landlords, any of them ) nor any other person who, alone or jointly with others has acquired that interest since that time acquired it for money or money's worth; and
(c) the assured tenancy on which the dwelling house is let did not come into being by virtue of any provision of schedule 1 to the Rent Act 1977, as amended by part 1 of Schedule 4 to this Act or, as the case may be, Section 4 of the Rent(Agriculture) Act 1976, as amended by Part II of that Schedule
For the purposes of this Ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants under an earlier assured tenancy of the dwelling house concerned, any reference in paragraph (b) above to the grant of a tenancy is a reference to the grant of that earlier assured tenancy
For the purpose of this Ground “registered housing association" has the same meaning as in the Housing Associations Act 1985 and “Charitable Housing Trust” means a housing trust, within the meaning of that Act, which is a charity within the meaning of the Charities Act 1960
Ground 7 - Named Tenant Dies and continuation by occupier (non named Tenant)
The tenancy is a periodic tenancy (including a statutory periodic tenancy) which has devolved under the will or intestacy of the former tenant and the proceedings for recovery are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord, or, in the case of joint landlords, any one of them became aware of the former tenants death.
For the purposes of this Ground, acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new periodic tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period of the tenancy, the premises which are let, or any other term of the tenancy
Ground 16 - EmplOyment
The dwelling house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
6th April 2015 the Section 8 Notice Form for breach of tenancy was amended to allow provision for Anti-social Behaviour, Crime and Policing Act 2014 that states
PART 5 Recovery of possession of dwelling-houses: anti-social behaviour grounds
- Absolute ground for possession: secure tenancies
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Possession may be purported mandatory - but there are many hoops to jump though.
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PLEASE REMEMBER the Judge is impartial and the landlord MUST be able to substantiate claims of Anti-social Behaviour [police reports, council, neighbour complaints etc" otherwise there may be counter claims of harassment, discrimination etc
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This include the new Ground 14 ZA (conviction of an offence at a riot)
PIMS WARNING
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These cases can be problematic and tenants often become more aggressive. If you have such call the helpline as sadly sometimes best to placate and evict using S21. Sadly if common sense does not prevail then this route must be used - but we recommend asking the police, council etc for supportive credible written evidence that will affirm conduct and sway the Judges decision - He said she said poor evidence a letter from the police requesting the Tenants be evicted very credible
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Be under no illusions this is extremely complicated. One of the most comprehensive guides we have seen is by Incommunities from Bradford council click here to see guide what this highlights is the burden of evidence compliance before they even get the case near court
The court must consider, in particular—
(a) the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought;
(b)any continuing effect the nuisance or annoyance is likely to have on such persons;
(c)the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated.]
The revised law is
In Part 1 of Schedule 2 to the Housing Act 1988 (assured tenancies: grounds on which court must order possession), after ground 7 there is inserted—
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“Ground 7A
Any of the following conditions is met.
Condition 1 is that—
(a)
the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and
(b)
the serious offence—
(i)
was committed (wholly or partly) in, or in the locality of, the dwelling-house,
(ii)
was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(iii)
was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and directly or indirectly related to or affected those functions.
Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, other than a provision requiring a person to participate in a particular activity, and—
(a)
the breach occurred in, or in the locality of, the dwelling-house, or
(b)
the breach occurred elsewhere and the provision breached was a provision intended to prevent—
(i)
conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii)
conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved—
(a)
a breach that occurred in, or in the locality of, the dwelling-house, or
(b)
a breach that occurred elsewhere of a provision intended to prevent—
(i)
behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or
(ii)
behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and that is directly or indirectly related to or affects those functions.
Condition 4 is that—
(a)
the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and
(b)
access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours.
Condition 5 is that—
(a)
the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under—
(i)
section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or
(ii)
section 82(8) of that Act (breach of court order to abate statutory nuisance
etc.), and
(b)
the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance).
Condition 1, 2, 3, 4 or 5 is not met if—
(a)
there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or
(b)
the final determination of the appeal results in the conviction, finding or order being overturned.
In this ground—
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“relevant proceedings” means proceedings for contempt of court or proceedings under Schedule 2 to the Anti-social Behaviour, Crime and Policing Act 2014;
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“serious offence” means an offence which—
(a)
was committed on or after the day on which this ground comes into force,
(b)
is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and
(c)
is not an offence that is triable only summarily by virtue of section 22 of the Magistrates’ Courts Act 1980 (either-way offences where value involved is small).”
(2)In section 8 of that Act (notice of proceedings for possession)—
(a)in subsection (3)(b), for “subsections (4)” there is substituted “subsections (3A)”;
(b)after subsection (3) there is inserted—
“(3A)If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—
(a)in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;
(b)in the case of a fixed term tenancy, one month after the date on which the notice was served.”;
(c)in subsection (4), for “(whether with or without other grounds)” there is substituted “(whether without other grounds or with any ground other than Ground 7A)”;
(d)in subsection (4A), after “other than Ground” there is inserted “7A or”;
(e)after subsection (4B) there is inserted—
“(4C)A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).
(4D)Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—
(a)the period of 12 months beginning with the day of the conviction, or
(b)if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
(4E)Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—
(a)the period of 12 months beginning with the day on which the court has made the finding, or
(b)if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(4F)Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—
(a)the period of 3 months beginning with the day on which the closure order was made, or
(b)if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.”;
(f)in subsection (5), after “Ground” there is inserted “7A or”.
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PIMS News Archive -17th Oct 2013 Private tenants who commit anti-social behaviour could face exclusion from their homes, after a government U-turn last week. The Anti-Social Behaviour, Crime and Policing Bill will provide powers to landlords to apply to temporarily evict tenants if they are guilty of sustained ASB. read more