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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. |
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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 |
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