Grounds for Possession - Secure Tenancies

HANDOUT 1

Grounds for possession - Secure tenancies

PART 1 Grounds 1-8. Court may order possession if it considers it reasonable to do so.

Ground 1 – Rent arrears or breach of other term of tenancy

Ground 2 – Nuisance, annoyance or illegal activity

Ground 2A – Domestic violence

Ground 3 - Waste, neglect or causing deterioration of the dwelling

Ground 4 – Ill treatment of furniture

Ground 5 – False statement made in order to obtain tenancy

Ground 6 – Premium taken on a S92 assignment of the tenancy

Ground 7 – Conduct of tenant of an employment linked dwelling is such as to make continued occupation inappropriate

Ground 8 – Possession of premises required while works are completed

Part 11 Grounds 9-11 give the court power to grant possession if suitable alternative accommodation is available.

Ground 9 – Overcrowding of the dwelling house

Ground 10 – Demolition or reconstruction of the premises which requires the LL to have possession.

Ground 10A – The dwelling is situated in an area subject to an approved redevelopment scheme.

Ground 11 - Where continued occupation of the dwelling would conflict with the charity LL’s objectives.

PART 111 – Grounds 12 – 16

Where the court may make an order for possession if it considers it reasonable to do so and suitable alternative accommodation is available.

Ground 12 - An employment related tenancy is required for a new employee

Ground 13 – A specially designed dwelling house is required for a disabled person

Ground 14 – The dwelling is required by a housing association or housing trust for a special needs person

Ground 15 – The dwelling is required for a special needs person where a social service or special facility is provided in close proximity

Ground 16 – under occupancy by a successor tenant who is not the spouse of the original tenant

HANDOUT 2

Grounds for possession Rent Act regulated

PART 1 cases. Where the court may grant possession if it is reasonable to do so.

Case 1 - Recovery for rent arrears or breach of obligation

Case 2 – Recovery for nuisance, annoyance or criminal activity

Case 3 – deterioration of the dwelling

Case 4 – recovery because of furniture deterioration

Case 5 – recovery from tenant who has given NTQ

Case 6 - recovery for assignment or subletting of the whole of the property without the LL’s consent

Case 7 – repealed

Case 8 - recovery from former employee

Case 9 recovery for occupancy by the LL or other family member

Case 10 – recovery for over charging a sub tenant of the dwelling

PART 11 cases. In all the following cases written notice must be given at start of tenancy. If the case is established by the LL the Court MUST order possession :-

Case 11- recovery by owner occupier

Case 12 – recovery for occupation as a retirement home

Case 13 - recovery of out of season holiday let

Case 14 recovery of student accommodation

Case 15 recovery of premises for minister of religion

Cases 16,17,18 – recovery to let to agricultural employees

Case 19 - recovery from a protected shorthold tenant.(NB not the new AST’s)

Case 20 recovery for occupation by member of regular armed forces

HANDOUT 3

Exclusions from assured tenant status : -

1.  tenancies entered into before 15/1/89

2.  high value premises

3.  tenancies at a low rent

4.  business tenancies

5.  licensed premises

6.  agricultural holdings

7.  lettings to students by specified educational institutions

8.  holiday lettings

9.  resident landlords

10.  lettings by public bodies eg local authority

11.  lettings by private LL to asylum seekers

12.  lettings by private ll under the Displaced Persons Regulations 2005

13.  protected tenancies under the Rent Act 1977, secure tenancies and protected occupiers within the Rent(agriculture) Act 1976

HANDOUT 4

ASSURED AND ASSURED SHORTHOLD TENANCIES - GROUNDS

Part 1 Mandatory Grounds

Ground 1 - recovery by owner occupier or future occupier. (written notice required at commencement)

Ground 2 – recovery by mortgagees (where mtge existed before the tenancy was granted)

Ground 3 – out of season holiday lets

Ground 4 – recovery of student accommodation (where educational establishment lets on an assured for 12 months or less)

Ground 5 – recovery for a minister of religion

Ground 6 – recovery for development

Ground 7 – recovery on death of a periodic tenant

Ground 8 - recovery for serious rent arrears. (At least 8 weeks unpaid at date of Court hearing)

Part 11 and 111 – Discretionary grounds

Ground 9 – availability of suitable alternative accommodation

Ground 10 - recovery for rent arrears

Ground 11 – recovery for persistent delay in paying rent.

Ground 12 – recovery for breach of obligation

Ground 13 – deterioration of the dwelling house or common parts

Ground 14 – recovery for nuisance annoyance or criminal activity

Ground 14A – recovery for domestic violence

Ground 15 – recovery for furniture deterioration

Ground 16 – recovery from an employee

Ground 17 – recovery for false statements

HANDOUT 5

Summary – Homelessness

Topic / Summary
Eligibility
Homelessness
Priority need
Intentional homelessness
Local connection
Duties
Procedure / Part VII Housing Act 1996 as amended puts an obligation on Local housing authorities (LHAs) to provide assistance to certain people in need of accommodation. Whether or not a duty arises and the extent of that duty will depend on four principles being applied to an applicant. They are: a) eligibility; b) homeless or threatened with homelessness; c) priority need; d) intentional homelessness
Only persons who are eligible will be able to get assistance under the provisions for homeless applicants contained in Part VII. Persons from abroad may not be eligible if subject to immigration controls or if the Secretary of State has passed regulations which make them ineligible.
LHAs have a duty towards those eligible applicants who are homeless or threatened with homelessness. A person will be homeless if he has no accommodation which he can occupy himself or with his family if they would normally reside or could reasonably be expected to reside with him... A person does not need to be literally roofless to be homeless. People living in overcrowded or unfit conditions may be homeless as can people who would be exposed to domestic violence in their home.
A person is threatened with homelessness if he will become homeless within 28 days.
If an applicant has a priority need, the LHA will have a greater duty to assist. Priority is given to a wide range of applicants. These include pregnant applicants; those with dependent children who reside with them; vulnerable persons such as the disabled; and applicants who face emergency or disaster such as floods or fire.
The duty towards an eligible applicant who is intentionally homeless will be considerably reduced. An applicant will be intentionally homeless if he has deliberately done something or failed to do something which led to the loss of accommodation.
If an applicant is found to be unintentionally homeless and in priority need, the LHA will have a full housing duty towards them. If however, the applicant has no local connection with the local area in which they have applied as homeless, the LHA may be able to refer the applicant to another authority with whom the applicant does have a local connection. An applicant will have a local connection with an area where he was normally resident or employed or have family associations.
The duty that an LHA has towards an applicant may range from simple advice and assistance eg to a homeless applicant who is not in priority need, through to a full housing duty to secure that suitable accommodation is available for an applicant who is unintentionally homeless and in priority need.
Once an application is made, the LHA has several obligations to perform. They have a duty to make enquires, to notify the applicant of the decision and, if the decision is unfavourable, conduct a review if requested by the applicant. In some cases they may have to provide temporary accommodation while they carry out enquires. If the applicant is unhappy with the performance of the LHA at any stage, they may be able to challenge the actions of the LHA by way of appeal to a county court or, in some cases, by way of an application for Judicial Review.

HANDOUT 6

CHECKLISTS

Possession Cases

1.  Start date of tenancy?

2.  Type of LL?

3.  Check for excluded categories

4.  Written tenancy agreement?

5.  Stage reached (NTQ/ Proceedings issued)

6.  Grounds Alleged?

7.  Non payment of rent – Housing benefit issues?

8.  If Public sector – Introductory tenancy?

9.  If Assured or Secure – has tenancy been demoted?

10.  Compliance with tenancy deposit scheme?

11.  Whether likely to be homeless within 28 days. (If so regarded as homeless now)

12.  Public funding available?

Homelessness

1.  Eligibility?

2.  Does client fall within the definition of homeless?

3.  Priority need?

4.  Intentionality?

5.  Local connection?

6.  If decision made and refused are we within the 21 days to apply for a review?

7.  Has client been informed of decision in writing?

8.  Were reasons for adverse decision set out?

9.  Public funding?

Repairs

1.  What type of tenancy?

2.  What does tenancy agreement say ?(express terms)

3.  Consider implied terms S 11 LTA

4.  Is the defect disrepair or a design defect?

5.  If damage or injury consider Defective premises Act 1972

6.  If prejudicial to health consider EPA 1990

7.  Public funding?

HANDOUT 7 POSSESSION PROCEEDINGS

Contractual / Protected / Statutory / Introductory tenancy / Secure/ demoted
Statute / N/A / RA 1977 / RA 1977 / HA 1996 / HA 1985
Notice required?
Length of notice? / Yes – S 5 PEA 1977 NTQ
Min. 4 wks / Yes –
S 5 PEA 1977 NTQ
Min. 4 wks / NO / Yes –
s 128 HA 1996 NPP
Min. 4 wks / Yes – s 83 HA 85 NSP / s 143E HA 1996
Min. 4 wks unless gd 2 claim where no minimum
Likely order / Outright 14 days or 6 wks (Ex h) / *Mandatory - Outright 14 days or 6 wks (Ex h)
or
Discretionary suspend on terms / Outright 14 days or 6 wks (Ex h) / *Mandatory – Out right 14 days or 6 wks (Ex h)
or
Discretionary suspend on terms
Status after order / Tolerated trespasser / *Tolerated trespasser
Or
Tenancy continues if terms kept / Tolerated trespasser
Or
Tenancy continues if terms kept / *Tolerated trespasser
Or
Tenancy continues if terms kept
Assured / Assured short hold / Forfeiture of Long lease / Mortgage repossession
Statute / HA 1988 / HA 1988 / s 2 PEA 1977
Notice required?
Length? / Yes – s 8 HA 88 NSP
Various lengths none, 2 wks or 2 months / Yes –
s 8 HA 88 or
s 21 HA 88 NSP
where 2 months notice - or
s 20B HA 88 NPP (demoted ten.) / If not rent arrears – Yes - s 146 LPA 1925
Reasonable time to give T chance to remedy breach / No
Likely order / *Mandatory – Out right 14 days or 6 wks (Ex h)
or
Discretionary suspend on terms/ adjourn/ postpone as thinks fit s 9 HA 88 / S 21 Out-right 14 days or 6 wks (Ex h)
or
S 8 – as for assured / Relief-
S146(2) LPA 25 -
S 81 HA 1996 – service charges
S 138 County Court Act 1984 as am – rent arrears
Court has discretion to grant relief on terms / Adjourn/ stay/ suspend/ postpone possession s36 AJA 1970 provided M’or likely to be able to repay s 8(2) AJA 1973
Status after order / *Tolerated trespasser
Or
Tenancy continues if terms kept / Tolerated trespasser
Or
Tenancy continues if terms kept / lease continues if terms kept / Ownership continues if terms kept

HAND OUT 8 PRIVATE SECTOR LETTINGS

Type of tenancy / Contractual / Protected / Statutory / Assured / Assured shorthold
Statutory provision (if any) / n/a / Rent Act 1977 / Rent Act 1977 / Housing Act 1988 / Housing Act 1988
Significant date / n/a / Before 15.1.89 / Before 15.1.89 / On or after 15.1.89 / On or after 15.1.89
Security (grounds for possession) / Subject to terms of agreement and perhaps PEA 1977 / Yes, on NTQ if ten. Still in occupation then becomes stat ten subject to grounds in sch. 15 or SAA s.98 / Yes, status of irremovability if remain in occupation as home but subject to grounds in sch. 15 or SAA s.98 / Yes, need court order under one or more of grounds in sch. 2 / Very limited, grounds in sch. 2 plus s.21 mandatory ground for possession on service of written notice
Rent Control? / No, market rent as agreed / Yes, regulated rent / Yes, regulated rent / No, market rent as agreed or in ltd cases set by RAC / No, market rent as agreed or in ltd cases referral to RAC
Succession?
(If so, to whom?) / No although possible it may pass under will or intestacy / Yes, to spouse, couples living as man & wife or civil partner or if non – family member if meet residence condition / Yes, to spouse, couples living as man & wife or civil partner or if non – family member if meet residence condition / Yes, but ltd to periodic tenancies -to spouse, couples living as man & wife or civil partner only / Yes in theory – as for assured - but no security
Main
type of landlord / Private
/ Resident / Private / Private / RSL / Private