Contents

50 50
Page
Part I – Grounds on which a
court may order possession if it
considers it reasonable 51 - 53
Part II – Grounds on which the
court may order possession if Grounds for possession
suitable alternative accommodation
is available 54
Part III – Grounds on which
the court may order possession
if it considers it reasonable
and suitable alternative
accommodation is available 55 - 57
Many landlords outline the legal grounds for
Summary of parts 58
possession to their tenants and we believe this will
be useful for Southwark tenants to know as well.
The grounds for possession are the conditions under
which a landlord can apply to a court to request
possession of your home. We have listed some of them
here, but links to further information and advice about
grounds for possession can be found in the housing
section of our website at www.southwark.gov.uk
It is a breach of your conditions of tenancy if you do
not ensure the rent is paid and if you do not behave
reasonably. Where you breach your tenancy we can
apply for possession and, if the court agrees, this will
lessen your rights and may leave you open to further
action by the council, which may result in your
eviction and the loss of your home.
This chapter is intended for your information and
not legal advice. If you are in any doubt about any
part of it please seek independent legal advice.

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Part I – Grounds on which a court may order

possession if it considers it reasonable
Ground 1 summary: rent arrears or other breach of the conditions of tenancy
Rent lawfully due from the tenant has not been paid or an obligation of the tenancy
has been broken or not performed.
Ground 2 summary: antisocial behaviour and criminal activity
(i) The tenant or a person residing in or visiting the dwelling house has
been guilty of conduct causing or likely to cause a nuisance or annoyance
to a person residing, visiting or otherwise engaging in a lawful activity in
the locality.
(ii) The tenant or person residing or visiting the dwelling has been convicted of
using the dwelling or allowing it to be used for immoral or illegal purposes,
or an indictable offence committed in, or in the locality of the dwelling.
The Anti-Social Behaviour, Crime and Policing Act 2014 introduces new and
amended grounds for possession covering antisocial behaviour, conduct causing
nuisance and offences connected with riot; these are not yet in force and the
handbook will be updated when the sections of the act are brought into force.
Ground 2A summary: one joint tenant leaves
The dwelling house was occupied (whether alone or with others) by a married
couple, a couple who are civil partners of each other, a couple living together as
husband and wife or a couple living together as if they were civil partners and –
a) One or both of the partners is a tenant of the dwelling house,
b) One partner has left because of violence or threats of violence by the
other towards –
(i) That partner, or
(ii) A member of the family of that partner who was residing with that partner
immediately before the partner left, and
c) The court is satisfied that the partner who has left is unlikely to return.

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Ground 3 summary: the tenant neglects to care for the property

The condition of the dwelling house or of any of the common parts has deteriorated
owing to acts of waste by, or the neglect or default of, the tenant or a 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 subtenant of his, the tenant has
not taken such steps as he ought reasonably to have taken for the removal of the
lodger or subtenant.
Ground 4 summary: the tenant has failed to protect the property from
deterioration
The condition of furniture provided by the landlord for use under the tenancy, or for
use in the common parts, has deteriorated owing to ill treatment by the tenant or
a person residing in the dwelling house and, in the case of ill treatment by a person
lodging with the tenant or a subtenant of his, the tenant has not taken such steps as
he ought reasonably to have taken for the removal of the lodger or subtenant.
Ground 5 summary: the tenancy was falsely obtained
The tenant is the person, or one of the persons, to whom the tenancy was granted
and 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.
Ground 6 summary: the tenancy was fraudulently obtained
The tenancy was assigned to the tenant, or to a predecessor in title of his who is a
member of his family and is residing in the dwelling house, by an assignment made
by virtue of section 92 (assignments by way of exchange) and a premium was paid
either in connection with that assignment or the assignment which the tenant or
predecessor himself made by virtue of that section.
In this paragraph “premium” means any fine or other like sum and any other
pecuniary consideration in addition to rent.

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Ground 7 summary: termination of tied accommodation

The dwelling house forms part of, or is within the curtilage of, a building which,
or so much of it as is held by the landlord, is held mainly for purposes other than
housing purposes and consists mainly of accommodation other than housing
accommodation, and –
a) The dwelling house was let to the tenant or a predecessor in title of his in
consequence of the tenant or predecessor being in the employment of the
landlord, or of –
(i) A local authority,
(ii) A
 development corporation, a housing action trust, an urban development
corporation, or the governors of an aided school,
and
b) The tenant or a person residing in the dwelling house has been guilty
of conduct such that, having regard to the purpose for which the building
is used, it would not be right for him to continue in occupation of the
dwelling house.
Ground 8 summary: the accommodation was temporary pending works to
the original tenancy
The dwelling house was made available for occupation by the tenant (or a
predecessor in title of his) while works were carried out on the dwelling house which
he previously occupied as his only or principal home and –
a) The tenant (or predecessor) was a secure tenant of the other dwelling house
at the time when he ceased to occupy it as his home,
b) The tenant (or predecessor) accepted the tenancy of the dwelling house of
which possession is sought on the understanding that he would give up
occupation when, on completion of the works, the other dwelling house was
again available for occupation by him under a secure tenancy, and
c) The works have been completed and the other dwelling house is so available.

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Part II – Grounds on which the court may

order possession if suitable alternative
accommodation is available
Ground 9 summary: overcrowding
The dwelling house is overcrowded, within the meaning of Part X (which can be found
online via www.southwark.gov.uk) in such circumstances as to render the occupier
guilty of an offence.
Ground 10 summary: the landlord wants to carry out works
The landlord intends, within a reasonable time of obtaining possession of the
dwelling house –
a) To demolish or reconstruct the building or part of the building comprising the
dwelling house, or
b) To carry out work on that building or on land let together with, and thus
treated as part of, the dwelling house, and cannot reasonably do so without
obtaining possession of the dwelling house.
Ground 10A summary: the tenancy is in an area being redeveloped
The dwelling house is in an area which is the subject of a redevelopment scheme
approved by the Secretary of State or the Housing Corporation or Scottish Homes in
accordance with Part V of this Schedule and the landlord intends within a reasonable
time of obtaining possession to dispose of the dwelling house in accordance with
the scheme. Or, part of the dwelling house is in such an area and the landlord
intends within a reasonable time of obtaining possession to dispose of that part in
accordance with the scheme and for that purpose reasonably requires possession of
the dwelling house.
Ground 11 summary: on charitable grounds
The landlord is a charity and the tenant’s continued occupation of the dwelling
house would conflict with the objects of the charity.

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Part III – Grounds on which the court may order

possession if it considers it reasonable and
suitable alternative accommodation is available
Ground 12 summary: the tenancy was granted as a consequence of
employment which is now terminated
The dwelling house forms part of, or is within the curtilage of, a building which,
or so much of it as is held by the landlord, is held mainly for purposes other than
housing purposes and consists mainly of accommodation other than housing
accommodation, or is situated in a cemetery, and –
a) The dwelling house was let to the tenant or a predecessor in title of his in
consequence of the tenant or predecessor being in the employment of the
landlord or of –
(i) A local authority,
(ii) A
 development corporation, housing action trust, an urban development
corporation, . . . or the governors of an aided school, and that
employment has ceased, and
b) The landlord reasonably requires the dwelling house for occupation as a
residence for some person either engaged in the employment of the landlord,
or of such a body, or with whom a contract for such employment has been
entered into conditional on housing being provided.
Ground 13 summary: the landlord requires suitable accommodation for a
disabled person for which the property is suited
The dwelling house has features which are substantially different from those of
ordinary dwelling houses and which are designed to make it suitable for occupation
by a physically disabled person who requires accommodation of a kind provided by
the dwelling house and –
a) There is no longer such a person residing in the dwelling house, and
b) The landlord requires it for occupation (whether alone or with members of his
family) by such a person.

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Ground 14 summary: the landlord requires the property for a person for
whom it has been designated and no such person currently occupies the
accommodation
The landlord is a housing association or housing trust which lets dwelling houses
only for occupation (whether alone or with others) by persons whose circumstances
(other than merely financial circumstances) make it especially difficult for them to
satisfy their need for housing, and –
a) Either there is no longer such a person residing in the dwelling house
or the tenant has received from a local housing authority an offer of
accommodation in premises which are to be let as a separate dwelling under
a secure tenancy, and
b) The landlord requires the dwelling house for occupation (whether alone or
with members of his family) by such a person.
Ground 15 summary: the landlord requires the specifically adapted property
for someone with special needs
The dwelling house is one of a group of dwelling houses which it is the practice of
the landlord to let for occupation by persons with special needs and –
a) A social service or special facility is provided in close proximity to the group of
dwelling houses in order to assist persons with those special needs,
b) There is no longer a person with those special needs residing in the dwelling
house, and
c) The landlord requires the dwelling house for occupation (whether alone or
with members of his family) by a person who has those special needs.
Ground 15A summary: the tenant acquires accommodation that is more
extensive than they reasonably require
The dwelling house is in England, the accommodation afforded by it is more
extensive than is reasonably required by the tenant and –
a) The tenancy vested in the tenant by virtue of section 89 (succession to
periodic tenancy) or 90 (devolution of term certain) in a case where the
tenant was not the previous tenant’s spouse or civil partner, and
b) Notice of the proceedings for possession was served under section 83 (or,
where no such notice was served, the proceedings for possession were
begun) more than six months but less than 12 months after the relevant date.

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For this purpose “the relevant date” is –

a) The date of the previous tenant’s death, or
b) If the court so directs, 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 previous tenant’s death.
The matters to be taken into account by the court in determining whether it is
reasonable to make an order on this ground include –
a) The age of the tenant,
b) The period (if any) during which the tenant has occupied the dwelling house as
the tenant’s only or principal home, and
c) Any financial or other support given by the tenant to the previous tenant.
Ground 16 summary: the property is unsuitably large for the tenant
The accommodation afforded by the dwelling house is more extensive than is
reasonably required by the tenant and –
a) The tenancy vested in the tenant by virtue of section 89 (succession to periodic
tenancy), the tenant being qualified to succeed by virtue of section 87(b)
(members of family other than spouse), and
b) Notice of the proceedings for possession was served under section 83
more than six months but less than 12 months after the date of the
previous tenant’s death.
The matters to be taken into account by the court in determining whether it is
reasonable to make an order on this ground include –
a) The age of the tenant,
b) The period during which the tenant has occupied the dwelling house as his only
or principal home, and
c) Any financial or other support given by the tenant to the previous tenant.

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Summary of parts
Part I – Grounds on which a court may order possession if it considers it
reasonable
GROUND 1 Rent arrears or other breach of the conditions of tenancy.
GROUND 2 The tenant has been guilty of antisocial behaviour.
GROUND 2A One joint tenant leaves.
GROUND 3 The tenant neglects to care for the property.
GROUND 4 The tenant allows the property to deteriorate.
GROUND 5 The tenancy was obtained under false pretences.
GROUND 6 The tenancy was obtained through paid assignment.
GROUND 7 The tenancy was granted through employment now ended.
GROUND 8 The tenant’s occupation was conditional on works been completed
elsewhere.
Part II – Grounds on which the court may order possession if suitable
alternative accommodation is available
GROUND 9 Overcrowding renders the occupier guilty of an offence.
GROUND 10 The landlord requires vacant possession to complete works.
GROUND 10A The area is being redeveloped and the property is required for that
redevelopment.
GROUND 11 The tenant’s occupation conflicts with the landlord’s charitable aims.
Part III – Grounds on which the court may order possession if it considers it
reasonable and suitable alternative accommodation is available
GROUND 12 The accommodation is tied and required as such.
GROUND 13 The property is adapted and required for a disabled person.
GROUND 14 The property is suitable and required for a person with special needs.
GROUND 15 The property is specialised for those with special needs.
GROUND 15A The tenant acquires accommodation that is more extensive than they
reasonably require.
GROUND 16 The property is unsuitably large for the tenant’s occupation.

Tenants’ Handbook