Common use of Grounds for Possession Clause in Contracts

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, rehabilitate or to work in the Premises. 10. Where a person has succeeded to a tenancy under the Will or Intestacy of the Tenant and the Landlord seeks possession within twelve (12) months of the death of the Tenant. 11. Where the Tenant is eight (8) weeks or two (2) months or more in arrears with paying rent at the date of service of the Notice Of Seeking Possession and at the date of hearing. 12. Where false information is knowingly provided at the time of application for the tenancy by the Tenant or someone acting on the Tenants’ behalf. The Tenant will be given a notice which explains the reasons why the Landlord wishes to obtain possession, on one or more of the grounds in Schedule 2 of the Housing ▇▇▇ ▇▇▇▇. This gives a date after which court proceedings for possession may start. The Landlord may give a notice to take immediate effect in the circumstances listed under 5 above. The Landlord will otherwise normally give a minimum period of notice of twenty eight (28) days except for the circumstances listed in 8, 9 and 10 where two (2) months will apply. The Court shall not make an order for possession to the Landlord in any of the circumstances listed in 1, 2, 3, 4, 5, 6, 7, 8 and 12 above, unless it is considered reasonable. The Court must make an order for possession to the Landlord where possession is in the circumstances listed in 9, 10 and 11 above. The Landlord will meet the Tenant’s necessary removal expenses where 9 and 10 are applied.

Grounds for Possession. Whilst 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 tenancy remains an Assured Shorthold Tenancy, agreement. Please note that not all the County Court may only grant a Possession Order grounds listed below are relevant to the Landlord 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 following circumstancesconditions 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 ▇▇▇▇▇ noise in relation to your property under the Environmental Protection ▇▇▇ ▇▇▇▇. 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 this tenancy agreement, causing it to deteriorate; and in the case of damage by a lodger or sub-tenant you have not taken the steps you should reasonably have taken to remove the lodger or sub- tenant. 8.12 Your home was let to you as a result of your employment with us and you are no longer in that employment. 8.13 The tenancy was granted to you as a result of you (or someone acting on your behalf) knowingly or recklessly making a false statement. 8.14 If the tenancy is passed under your will or if you die without making a will: i. The Tenant (a) We may bring proceedings to recover possession of your home within 12 months after your death or, if the court so directs, within 12 months after the date on which, in the opinion of the court, we became aware of your death; (b) Where we have accepted rent after your death, this will create a new tenancy only if we agree in writing to a change in the amount of rent, or a period of the tenancy, or any other term of the tenancy agreement. 8.15 A fixed-term tenancy has been served with a Notice served pursuant come to S21(4) an end. 8.16 At the end of the fixed term of an assured shorthold tenancy, we can end the tenancy using the procedure set out in section 21 of the Housing ▇▇▇ ▇▇▇▇ (as amended) giving ). The section 21 procedure requires us to serve you with two months’ notice requiring possession before applying to court for a possession order. We are not required to rely on any ground for possession and a court hearing is not always required. Before serving the Tenant notice requiring possession we must also serve you with a notice at least 2 months' six months before the end of the fixed term telling you why we are not minded to grant you a new tenancy when the term of the current tenancy expires. 8.17 For the purposes of section 8.16 above, the service of a section 21 notice that possession is requiredsufficient to act as activating any break clause in this agreement. 8.18 We can use the section 21 procedure outlined above to end a starter tenancy. Such We can serve you with a notice cannot take effect until requiring possession at any time during the 6 probationary period but the earliest we can enforce any order for possession made by the court is six months fixed term from the start. 8.19 If at any time the rent or any part of it is unpaid for 21 days after becoming payable (whether formally demanded or not), or at any time you fail to perform or observe any of your responsibilities in this agreement and/or at any time there may arise statutory grounds on which a court may make an order for possession, it shall be lawful for us or anyone duly authorised by us at any time thereafter to re-enter on the property or any part of it and this tenancy has expiredshall then terminate (but without affecting any right or remedy we may have against you in respect of any breach of your responsibilities in this agreement). 8.20 We may re-enter the property and end any tenancy if any of the following applies: • The rent and/or other charges payable remains unpaid, wholly or in part, for 21 days after becoming due, whether formally demanded or not; or ii. on one or more • You do not use, or cease to use, the property as your only or principal home; or • Any of your other obligations in this agreement is not complied with, or • Any 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, rehabilitate or to work in the Premises. 10. Where a person has succeeded to a tenancy under the Will or Intestacy of the Tenant and the Landlord seeks possession within twelve (12) months of the death of the Tenant. 11. Where the Tenant is eight (8) weeks or two (2) months or more in arrears with paying rent at the date of service of the Notice Of Seeking Possession and at the date of hearing. 12. Where false information is knowingly provided at the time of application for the tenancy by the Tenant or someone acting on the Tenants’ behalf. The Tenant will be given a notice which explains the reasons why the Landlord wishes to obtain possession, on one or more of the grounds listed in Schedule 2 of to the Housing ▇▇▇ ▇▇▇▇ or Housing ▇▇▇ ▇▇▇▇, which relate to secure and assured tenancies applies. 8.21 The tenancy was assigned to you, or to a predecessor in title of yours who is a member of your family and is residing in the property, 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 you or predecessor himself made by virtue of that section. 8.22 ‘Premium’ means any fine or other like sum and any other pecuniary consideration in addition to rent. 8.23 The property forms part of, or is within the curtilage of, a building which, or so much of it as is held by us, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, and • The property was let to you or a predecessor in title of yours in consequence of you or your predecessor being employed by us, or by a local authority, a development corporation, a housing action trust, an urban development corporation, or the governors of an aided school, and • You or a person residing in the property has been guilty of conduct such that, having regard to the purpose for which the building is used, it would not be right for you to continue in occupation of the property. This gives • You are no longer employed by us, or by a date after local authority, a development corporation, a housing action trust, an urban development corporation, or the governors of an aided school, and the property is required for use by someone in the role formerly performed. 8.24 The property was made available for occupation by you (or a predecessor in title of yours) while works were carried out on the property which court you previously occupied as his only or principal home and:- • You (or predecessor) was a secure tenant of the other property at the time when you ceased to occupy it as his home, • You (or predecessor) accepted the tenancy of the property of which possession is sought on the understanding that you would give up occupation when, on completion of the works, the other property was again available for occupation by you under a secure tenancy, and the works have been completed and the other property is so available. 8.25 The property is overcrowded, in such circumstances as to render you guilty of an offence. 8.26 We intend, within a reasonable time of obtaining possession of the dwelling-house to demolish or reconstruct the building or part of the building comprising the dwelling-house, or to carry out work on that building or on land let together with, and thus treated as part of, the property, and cannot reasonably do so without obtaining possession. 8.27 The property 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 and we intend within a reasonable time of obtaining possession to dispose of the property in accordance with the scheme. Or Part of the property is in such an area and we intend within a reasonable time of obtaining possession to dispose of that part in accordance with the scheme and reasonably require possession of the property. 8.28 We are a charity and your continued occupation of the dwelling house would conflict with the objects of the charity. 8.29 The property 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 there is no longer such a person residing in the property, and we require it for occupation (whether alone or with members of his family) by such a person. 8.30 We are 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 either there is no longer such a person residing in the property or you have 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 we require the property for occupation (whether alone or with members of his family) by such a person. 8.31 The property is one of a group of dwelling-houses which it is our practice to let for occupation by persons with special needs and a social service or special facility is provided in close proximity to the group of properties in order to assist persons with those special needs, there is no longer a person with those special needs residing in the property, and we require the property for occupation (whether alone or with members of his family) by a person who has those special needs. 8.32 The property is more extensive than you reasonably require and the tenancy vested in you by virtue of section 89 (succession to periodic tenancy), you being qualified to succeed by virtue of section 87(b) (members of family other than spouse), and notice of the proceedings for possession may start. The Landlord may give a notice was served more than six months but less than twelve months after the date of the previous tenant’s death. 8.33 In this Agreement references to take immediate effect the landlord or us include any authority or body having an interest of any description in the circumstances listed under 5 above. The Landlord will otherwise normally give a minimum period of notice of twenty eight (28) days except for the circumstances listed in 8, 9 and 10 where two (2) months will apply. The Court shall not make an order for possession to the Landlord in any of the circumstances listed in 1, 2, 3, 4, 5, 6, 7, 8 and 12 above, unless it is considered reasonable. The Court must make an order for possession to the Landlord where possession is in the circumstances listed in 9, 10 and 11 above. The Landlord will meet the Tenant’s necessary removal expenses where 9 and 10 are appliedproperty.