Grounds for Possession. Reasons why a landlord may apply to a court to take possession of a property from a tenant.
Grounds for Possession. When asking the courts to give us an order for possession of the Property, we may rely on the following grounds for possession and any additional grounds for possession provided for by law from time to time. The grounds are taken directly from the Housing Act so the Clear English Standard does not apply to them.
Grounds for Possession. 5.1 While your tenancy is an assured non-shorthold tenancy, we can only end this tenancy by obtaining a court order for possession of your home on one or more of the grounds for possession contained in Schedule 2 of the Housing Act 1988 (as amended), which are called “the grounds for possession” in this agreement. We reserve the right to rely on any grounds for possession introduced or amended by future legislation. We will supply you with the current grounds for possession on request.
5.2 Anti-social behaviour or criminality either by you, people living with you, or by your visitors could lead to loss of your home under the absolute ground for possession (Ground 7A).
Grounds for Possession. The following are summaries of the only grounds and circumstances in which we will serve notice and seek to recover possession as set out in the relevant legislation detailed in Section 2 of this agreement. Please note that not all the grounds listed below are relevant to the types of tenancy that we currently offer.
8.1 You have eight weeks’ or two months’ rent arrears.
8.2 You have not paid the rent that is due.
8.3 You have persistently delayed in paying the rent that is due.
8.4 Any one or more of the conditions of this tenancy agreement have been broken or not performed.
8.5 You or anyone living in your home has caused the condition of your home to deteriorate.
8.6 You or anyone living in or visiting your home have caused or are likely to cause a nuisance or annoyance to anyone in the locality or you have been convicted of using your home for illegal or immoral purposes or of a serious criminal offence.
8.7 You or a person living in or visiting your home is guilty of conduct likely to cause nuisance or annoyance to the landlord, or someone employed in connection with their landlord’s housing management functions, where the conduct relates to or affects those functions. There is no requirement for this conduct to have taken place within the locality of your home.
8.8 You or a person living with them has been convicted of an offence committed at the scene of a riot anywhere in the UK.
8.9 You, a member of your household or a person visiting the property has: • Been convicted of a serious offence; • You or a member of your household or a person visiting the property has been found by a court to have breached an injunction to prevent nuisance and annoyance; • You, a member of your household or a person visiting the property has been convicted for breach of a criminal behaviour order; • Your property has been closed under a closure order and the total period of closure was more than 48 hours; • You, a member of your household or a person visiting the property have been convicted of a breach of a notice or order to xxxxx noise in relation to your property under the Environmental Protection Xxx 0000.
8.10 Your home was occupied by you and your partner and your partner has left because of violence or threats of violence likely to be carried out by you to them (or a member of their family living in your home before they left) and we are satisfied that they are unlikely to return.
8.11 You or anyone living in your home have damaged any furniture provided under ...
Grounds for Possession. We may use the following grounds for possession including any other grounds which are available to us through the Housing Act 1988 or any further statutory provision subsequently amended, varied, replaced or re-enacted
Grounds for Possession. Subject to obtaining the permission of the Court to do so, the Landlord is entitled to end this Agreement and take back possession of the Property if:
Grounds for Possession. 4.4.1 While your tenancy is an assured tenancy, we can only end your tenancy and obtain possession of your home on one of the grounds for possession contained in schedule 2 of the Housing Xxx 0000 (as amended by the Housing Act 1996), which are called “the grounds for possession” in this agreement.
4.4.2 We will give you a notice in writing which explains the reasons why we wish to obtain possession of your home under one or more of the grounds for possession and gives a date after which court proceedings for possession may start.
4.4.3 We will normally give you a minimum period of notice of 28 days, except for the circumstances set out in (k) and (l) in section 4.4.4 below, where two months’ notice will be given, or in cases where we urgently require possession under the circumstances set out in (d), (f) or (h) below, when we reserve the right to reduce the period of notice or ask the court to dispense with any period of notice.
4.4.4 This is a summary of some of the grounds for possession. If there is any conflict between this summary and the grounds as they are set out in the statute, the statutory wording will prevail.
(a) You have not paid rent, which is due. (Ground 10)
(b) You have persistently delayed in paying rent when it is due. (Ground 11)
(c) At the time of being given notice and at the date of the court hearing, your rent is at least eight weeks in arrears. (Ground 8)
(d) You have broken or failed to perform any of your duties under this agreement. (Ground 12)
(e) You, or anyone living in your home, have damaged your home or allowed its condition to deteriorate (this also applies to any shared areas). (Ground 13)
(f) You or anyone living with you or visiting your home has been guilty of conduct causing or likely to cause a nuisance or annoyance to anyone living, visiting or carrying out any lawful activity in the locality, or has been convicted of using your home for immoral or illegal purposes or of an indictable offence committed in your home or its locality. (Ground 14)
(g) You or an adult residing in your home has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. (Ground 14ZA)
(h) You or a person residing in or visiting your home has been convicted of: A “serious offence” (listed in Schedule 2A of the Housing Act 1985); A breach of a Criminal Behaviour Order; A breach of a Noise Abatement Notice at your home; or has breached an injunction or your home is subject to a closur...
Grounds for Possession. 5.1 While your tenancy is an assured non-shorthold tenancy, we can only end this tenancy by obtaining a court order for possession of your home on one or more of the grounds for possession contained in Schedule 2 of the Housing Act 1988 (as amended), which are called “the grounds for possession” in this agreement. We reserve the right to rely on any grounds for possession introduced or amended by future legislation. We will supply you with the current grounds for possession on request. If you were a Council/Warrington New Town tenant who transferred to us as a result of a stock transfer, we may not be able to use certain grounds for possession. You can get more information about which grounds we can use on request.
Grounds for Possession. 5.1. For the duration of the fixed term of the tenancy, and as long as you live in the property as your only or main home, you will remain an Assured Shorthold tenant. If you fail to occupy the premises as your only or principal home we can end the tenancy in the manner set out below. We can end your tenancy by: • Giving one month’s notice in writing to do so at any time if you stop occupying the premises as your only or principal home. A notice given for this reason may take any form. • Giving two months’ notice in writing at any time during the Starter period and any extension of it. If we do this we will tell you why we have served the notice and you will have the right to ask us for a review in accordance with our procedure. going to terminate your tenancy. This notice is known as a Section 21 Housing Act 1988 “Notice Requiring Possession”.
Grounds for Possession. 5.1. For the duration of the fixed term of the tenancy, and as long as you live in the property as your only or main home, you will remain an Assured Shorthold tenant. If you fail to occupy the premises as your only or principal home we can end the tenancy in the manner set out below. We can end your tenancy by: • Giving one month’s notice in writing to do so at any time if you stop occupying the premises as your only or principal home. A notice given for this reason may take any form. • Giving two months’ notice in writing at any time during the Starter period and any extension of it. If we do this we will tell you why we have served the notice and you will have the right to ask us for a review in accordance with our procedure. • Giving one months’ notice in writing to do so in the event that the tenancy devolves upon or vests in any other person on your death.
5.2. During the starter/probationary period of the tenancy or during the extension period we will give you at least two months’ notice if we are going to terminate your tenancy. This notice is known as a Section 21 Housing Act 1988 “Notice Requiring Possession”.
5.3. We may re-enter your premises and end the tenancy if any of the following apply: • The rent and other charges payable shall remain unpaid wholly or in part for 14 days after becoming due whether formally demanded or not; or • You do not use or have ceased to occupy the premises as your only or principal home; or • You fail to comply with any of your obligations set out in this agreement; or • Any of the Grounds for possession listed in Schedule 2 to the Housing Xxx 0000 as amended apply. The above does not affect your rights under the Protection from Eviction Xxx 0000.
5.4. At the end of the fixed term, we can end the tenancy by using the procedure set out in Section 21 of the Housing Xxx 0000, as amended. This procedure requires us to serve a two months notice on you before applying to Court for a Possession Order. Before serving the Notice we must also serve you with a notice at least 6 months before the end of the fixed term confirming that we do not propose to grant you another tenancy on the expiry of the fixed term and our reasons for the same.
5.5. If your tenancy stops being an assured shorthold tenancy e.g. because you no longer reside in your premises as your only or main home, we may end the tenancy by serving you with notice in accordance with section 146 of the Law of Property Xxx 0000.
5.6. During the fixed term of this t...
