Grounds for Possession Clause Samples
The 'Grounds for Possession' clause defines the specific circumstances under which a landlord is legally entitled to reclaim possession of a property from a tenant. This clause typically outlines various scenarios such as non-payment of rent, breach of tenancy terms, or the landlord's intention to occupy the property themselves. By clearly listing these grounds, the clause provides both parties with a transparent understanding of when eviction or repossession may lawfully occur, thereby reducing disputes and ensuring compliance with relevant housing laws.
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Grounds for Possession. 7.3.1 During this starter period, we can end this tenancy by obtaining a court order for the possession of your home:
1) After serving on you a notice requiring possession under section 21(1) of the Housing Act 1988 (as amended by the Housing Act 1996), which is called a “notice requiring possession” in this agreement, and/or
2) On one or more of the grounds for possession contained in Schedule 2 of the Housing Act 1988 (as amended by the Housing Act 1996), which are called “the grounds for possession” in this agreement.
7.3.2 If we serve a notice requiring possession on you, we will not need to prove any of the grounds for possession. You will have a right to appeal against the decision to serve the notice requiring possession under our Starter Tenancy procedure, details of which are available on request, provided that you comply with the time limits under that procedure.
7.3.3 Once the tenancy becomes an assured 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.
7.3.4 If we want to obtain possession of your home on one or more of the grounds for possession, we will give 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. This is called a “notice seeking possession” in this agreement. We can end your tenancy by first obtaining a court order. We will only ask the court to consider granting an eviction order for specific reasons. These reasons, called grounds, are set out in this section of the Agreement.
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. Whilst this tenancy remains an Assured Shorthold Tenancy, the County Court may only grant a Possession Order to the Landlord in one or more of the following circumstances:
i. The Tenant has been served with a Notice served pursuant to S21(4) Housing ▇▇▇ ▇▇▇▇ (as amended) giving the Tenant at least 2 months' notice that possession is required. Such a notice cannot take effect until the 6 months fixed term of this tenancy has expired; or
ii. on one or more of the grounds for possession summarised below. The Court will make an order on such grounds only if the Landlord has served a written notice which complies with certain legal requirements or, in certain circumstances, the Court deems it just and equitable to dispense with such service. A summary of the grounds are set out below :-
1. The Tenant fails to pay rent to the Landlord.
2. The Tenant has persistently delayed in paying rent to the Landlord.
3. The Tenant breaks any conditions of the tenancy.
4. The Tenant or any person living at the Premises damages or fails to look after the Premises or any common parts.
5. The Tenant or anyone living with or visiting the Tenant is responsible for any of the following:
i) A nuisance or behaviour likely to cause a nuisance to adjoining occupiers or other neighbours, including the surrounding neighbourhood,
ii) Using or allowing the Premises to be used for immoral or illegal purposes,
iii) Causing harassment due to any characteristics protected by law,
iv) Performing any action which interferes with the peace, comfort or convenience of others,
v) Distributing from and/or using illegal drugs on the Premises or in the locality,
vi) Committing acts of violence or threatening behaviour to Landlord employees/agents.
vii) Committing an indictable offence in the locality of the Premises.
6. The Tenant has used or threatened to use violence to another member of the household.
7. The Tenant, anyone living with or visiting the Tenant causes damage to any furniture which the Landlord has provided.
8. Suitable alternative accommodation is available to the Tenant and the Landlord wishes to regain possession of the Premises:
i) Where the Premises are legally overcrowded.
ii) Where the Landlord requires the Premises to redevelop, rehabilitate or to do work.
iii) Where succession results in the Premises being under occupied.
iv) Where specially designed accommodation is no longer required by the occupant.
9. If the Landlord needs to gain possession in order to demolish, redevelop,...
Grounds for Possession. We may use the following grounds for possession including any other grounds which are available to us through the Housing ▇▇▇ ▇▇▇▇ or any further statutory provision subsequently amended, varied, replaced or re-enacted
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
a) We may bring proceedings for the recovery of possession of the Property under Ground 7 within twelve months after your death or if the court so directs within twelve months after the date on which (in the opinion of the Court) we became aware of your death
b) In accordance with the provision of Ground 7, acceptance by us of rent after your death shall not be regarded as creating a new periodic tenancy unless we agree in writing to a change in the amount of the rent, the period of the tenancy or the Property which is let or any other term of tenancy.
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. If at any time during the Tenancy:
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 ▇▇▇ ▇▇▇▇ (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...