Grounds For Possession:

Mandatory:

1. A claim by the owner who has:

(a) lived in the property before it was let or

(b) wishes to recover possession because he needs it as a home for himself or spouse.

2.A claim by a mortgagee whose mortgage predates the grant of the tenancy who needs possession in order to sell the property.  A notice must have been served before the tenancy commenced by a mortgagor who is an owner/occupier on the tenant.

3. An out of season let of a holiday home for a period of less than 8 months.  The property must have been let on a holiday basis for the previous 12 months.  Notice must have been served by the landlord not later than the beginning of the tenancy that the property may be recovered on this ground.

4. A tenancy of not more than 12 months and at sometime during the preceding 12 months the property was let to a student by an educational institution.  A notice must have been served not later than the commencement date of the agreement that possession could be sought on this ground.

5. A let of a dwelling that has been used for ministerial purposes and the courts are satisfied that it will again be used for ministerial purposes.

6. The landlord wants to demolish or reconstruct the property and needs possession so to do.

7. The tenant has died and possession has passed to a person without entitlement. ( This is only applicable during a periodic term).

8. Two months (8 weeks) rent arrears exist both at the time of serving notice and on the day of the court hearing.

Discretionary:

9. The tenant has been offered suitable alternative accommodation

10. Some rent was due when the notice was served and at the date of the proceedings.

11. The tenant has been persistently late in paying the rent.

12. Any other obligation in the agreement has been broken.

13. The behaviour of the tenant or someone living with them has caused deterioration to the property or common parts.

14. The tenant or someone living with them is guilty of nuisance or noise anywhere in the locality, or has been convicted of using the property for immoral or illegal means.

15. The condition of the furniture has deteriorated through ill-treatment by the tenant.

16. The tenancy was granted because the tenant was employed by the landlord and such employment has ceased.

17. The tenant falsely induced the landlord into the tenancy.

Notice Of Possession Proceedings:

Apart from Grounds 3,4,8,10,11,12,13,14,15 and 17 where 2 weeks notice will suffice, 2 months notice must be given to the tenant that you intend to seek possession through the Courts.  If you are seeking possession under Ground 8, (2 months + rent arrears etc) you must keep an accurate record of all documentation, letters etc that have been sent to the tenant and when.  This is in case you have to revert to possession under Grounds 10 and 11 (discretionary Grounds).  Always ensure that the correct notice form is used otherwise the proceedings will be invalid.  You must use a Section 8 of the Housing Act 1988.

Housing Act 1996:

This Act virtually made the Assured Tenancy extinct.  The Act relaxed the minimum period of tenancy for the tenant and so now any tenancy agreement can be An Assured Shorthold Agreement (as long as it abides by the other laws).  The Assured Tenancy is very unattractive to the majority of Landlords and should they wish for An Assured Tenancy to be in place, they must notify the tenant in writing prior to the tenancy commencing that this is the case

 

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