As discussed in a previous blog on Possession proceedings using Section 8 notices, there are 21 different grounds for possession that a landlord can claim individually or cumulatively when seeking to regain a dwelling from renters.
Some are called mandatory grounds, meaning that the court must make a possession order if the landlord proves that they apply to the circumstances of their case. Other grounds are called Section 8 notice discretionary grounds for possession and require the landlord to prove the ground, satisfy some additional conditions, and convince the court that it is just and reasonable to evict the renters.
In this blog, we will look at mandatory grounds and their detailed rules.
What are the Mandatory Grounds for Possession?
There are ten different mandatory grounds or reasons for possession.
The grounds are named after the number given to them by Schedule 2 of the Housing Act 1988. When filling in Form 3: notice seeking possession of a property let on an assured tenancy or an assured agricultural occupancy landlords must specify the exact number of the ground or grounds they are relying on and explain in detail how those grounds apply to their specific situation.
The Section 8 mandatory grounds for possession are:
- Ground 1 - The owner requires the property back for self, spouse or civil partner
- Ground 2 - Repossession by the landlord's mortgage lender
- Ground 3 - Fixed-term holiday let
- Ground 4 - Fixed-term student accommodation
- Ground 5 - Property required for priest or other minister of religion
- Ground 6 - Property required for demolition, redevelopment or substantial work
- Ground 7 - Death of the original tenant
- Ground 7A - Antisocial behaviour by tenants or their family and visitors
- Ground 7B - No right to rent
- Ground 8 – Tenant owes serious rent arrears
Special rules apply if the property was let on a fixed-term assured or assured shorthold tenancy. Depending on the ground used, the court either cannot order a date for possession during the fixed term or can order a date for possession during the fixed term only if the tenancy agreement allows it. Below we look at the most commonly used mandatory grounds.
Serious Rent Arrears
Ground 8 is one of the most common reasons for landlords and property owners wanting to evict renters. When a tenant falls in rent arrears, it can be costly and seriously disrupt a landlord’s financial commitments and budget plans.
Ground 8 works only if, at the time of the court hearing for possession, the tenant owes conspicuous rent arrears. What is conspicuous and serious is defined by law and means at least:
- 8 weeks of rent, when rent is payable weekly or fortnightly
- 2 month’s rent, when rent is payable monthly
- More than 3 months of rent, when rent is payable quarterly or yearly
The minimum notice period for ground 8 is two weeks. An order for possession on ground 8 can take effect during a fixed term if the tenancy agreement allows it.
The issue with ground 8 is that the tenant must owe the rent when the notice is served and at the time of the court hearing.
What tenants usually try to do, if they can obtain a loan or find the money otherwise, is to lower the rent arrears below the legal requirement just before the court hearing thereby defeating the landlord’s claim. That is why this ground should be chosen only when the rent arrears are well above the legal limits and it is certain that the tenant will not use this tactic.
Alternatively, ground 8 can be claimed together with discretionary grounds 10 and 11 that cover any amount of unpaid rent and persistent delay in paying rent. It is costly for a landlord to take possession proceedings and tenants in financial difficulties are rarely ordered to pay costs, let alone able to pay them.
We discuss grounds 10 and 11 in our separate blog, Section 8 Notices and Discretionary Grounds for Possession.
Antisocial Behaviour
The nightmare of every landlord is to grant a tenancy to people who turn out to be lousy and inconsiderate towards their neighbours. Landlords in such a position are liable to private damage claims and public prosecution if they ignore the situation and do not act swiftly.
Ground 7A can be used to evict tenants guilty of serious antisocial behaviour that led to a conviction for a criminal offence, an injunction against them or their visitors, a closure order or a noise abatement notice. It is not just the personal behaviour of the tenant named in the tenancy agreement that counts, but also that of anyone residing or visiting the property.
Ground 7A is very technical and requires the fulfilment of very specific conditions and timelines. For less technical conditions and antisocial behaviour, landlords usually use discretionary ground 14 as well as, or instead of ground 7.
No Right to Rent
Since 1 July 2021 residential landlords have had to check the immigration status of their tenants and lodgers before letting out a property. This legal requirement can lead to criminal prosecution of the landlord if ignored. The checks are carried out at the start of the tenancy agreement but renters can lose their right to rent halfway through the tenancy without the landlord knowing.
Ground 7B applies when the landlord receives notification from the Home Office that one or more people living in the property lack permission to rent. In such cases, the landlord must serve a Section 8 notice of seeking possession claiming ground 7B and requiring the tenants to leave the property within two weeks. This is compulsory as if not the landlord will be prosecuted by the Home Office.
The court must make a possession order unless the tenancy is a joint assured or assured shorthold tenancy and the other tenant named in the agreement has a right to rent. In such cases, the court can transfer the tenancy interest of the tenant without a right to rent to the other tenant and avoid eviction.
What Order Can the Court Make?
When a landlord satisfies all the conditions for a mandatory ground for possession, the court must order possession against the tenant outright. The possession order usually gives 14 days for the tenant to leave the property. That period runs from the date the order is made. If the tenant does not leave voluntarily, the order can be enforced by bailiffs. In exceptional hardships cases, such as when there are children or vulnerable occupiers involved, the court can postpone the possession date to up to 42 days.
How We Can Help
Choosing the right grounds and satisfying all their conditions requires diligent legal oversight to prevent errors in the notice and delays in the recovery of the property. Filling in Form 3 correctly and showing how the grounds apply to the landlord’s circumstances can make the difference between winning and losing the claim. An experienced Landlord and Tenant Law Practitioner will ensure matters run smoothly and minimise risks of errors and delays.
As experts in residential property law, Witan Solicitors can provide expert advice and representation on all insolvency matters. Contact us on 0330 173 6983 or send us an email for more information.
