During the Term
It is possible to terminate an assured shorthold tenancy during the term by service of a notice under Section 8 of the Housing Act 1988 (“HA 1988”). This can include a number of potential grounds for possession which are split into “mandatory grounds” (where the court is required to order possession) or “discretionary grounds” (where the court has discretion on whether to order possession).
Mandatory Grounds for Possession
Landlord occupied the property as its only principal residence before the tenancy started or landlord requires the property back to live in as its only principal residence (no prior occupation is required).
Mortgagee requires possession of the property because of mortgage arrears on the property.
Tenancy is for a fixed term not exceeding 8 months and the property was occupied as a holiday let during the 12 months before the tenancy started.
Tenancy is for a fixed term not exceeding 12 months and the property was let by an educational establishment during the 12 months before the tenancy started.
Property is held for the purpose of being available for occupation by a minister of religion as a dwelling house from which to perform his duties and is required for occupation by a minister of religion.
Landlord intends to demolish or reconstruct the whole or a substantial part of the property or carry out substantial works which cannot be carried out with the tenant there.
Previous tenant has died and the tenancy has passed to a new tenant under a will, but the new tenant is not entitled to the tenancy under the law of succession.
7A. The tenant, or a person residing in or visiting the dwelling house:Has been convicted of a serious offence committed (i) wholly or partly in or in the locality of the dwelling house or (ii) against someone with a right to reside in or in the locality of the dwelling house or (iii) elsewhere against the landlord.
Has breached a provision of an injunction under Section 1 of the Anti-social Behaviour, Crime and Policing Act 2014 (“ASBCPA”) and the breach occurred in (a) the dwelling house or its locality or (b) elsewhere and the provision breached was intended to prevent conduct capable of causing nuisance or annoyance to someone with a right to reside in the dwelling house or accommodation in its locality or to the landlord.
Has been convicted of an offence under section 30 the ASBCPA. (Refer to ground 7A of Schedule 2 the HA 1988 for details of offences that qualify).
The dwelling house is or has been subject to a closure order under Section 80 of the ASBCPA and access to the property has been prohibited for a continuous period of more than 48 hours (either under Section 80 or under a Section 76 closure notice).
The tenant, or a person residing in or visiting the dwelling house has been convicted of an offence under Section 80(4) or Section 82(8) of the Environmental Protection Act 1990 (“EPA 1990”) and the nuisance in question was noise constituting a statutory nuisance for the purposes of Part 3 of the EPA 1990.
7B. Both of the following conditions are met:
The Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them identifying the tenant or in the case of joint tenants, one or more of them, or one or more other adult occupiers of the dwelling house as a person or persons disqualified from occupying the dwelling house under the tenancy as a result of their immigration status.
The person or persons named in the notice are both of the following:
the tenant or, in the case of joint tenants, one or more of them, or are one or more other adult occupiers of the dwelling house; and
disqualified as a result of their immigration status from occupying the dwelling house under the tenancy.
Rent is unpaid at the time of the service of the Section 8 Notice and at the date of the hearing:
If rent is paid weekly or fortnightly, at least eight weeks' rent is unpaid;
If rent is payable monthly, at least two months' rent is unpaid;
If rent is payable quarterly, at least one quarter's rent is more than three months in arrears; or
If rent is payable yearly, at least three months' rent is more than three months in arrears.
Discretionary Ground for Possession
Suitable alternative accommodation is or will be available for the tenant when the possession order takes effect.
Rent was unpaid by the tenant when the Section 8 Notice was served and has not been paid by the time possession proceedings are begun.
Tenant has persistently delayed paying rent, regardless of whether the rent was in arrears on the date that possession proceedings began.
Any obligation of the tenancy (other than non-payment of rent) has been broken or not performed.
The tenant, or anyone living with the tenant, has allowed the property or parts of it (including common parts) to deteriorate.
The tenant or anyone living with or visiting the tenant:
to have caused a nuisance or annoyance to the landlord or the landlord's managing agent.
Has been convicted of using or allowing the property to be used for immoral or illegal purposes.
Has been convicted of an arrestable offence committed in the area of the property.
6A. The tenant or any adult living at the property has been convicted of an indictable offence which took place at a riot in the United Kingdom. (This ground only applies to a property in England).
6B. The property was occupied by a couple who were living together, as a married couple or civil partners and
one or both of them is the tenant,
the landlord is a social or charitable housing landlord,
one partner has left the property because of violence or threatened violence by the other partner towards that partner, or
a member of that partner's family who was living with that partner immediately before that partner left, and
the court is satisfied that the partner who has left is unlikely to return.
The condition of any furniture at the property has deteriorated due to ill treatment by the tenant or other person residing at the property.
The property was let to the tenant as part of its employment with the landlord and the tenant is no longer employed by the landlord.
The landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by either the tenant or a person acting for the tenant.
Possession Proceedings
Assuming one or more than one of the mandatory or discretionary grounds is potentially possible to rely on the landlord may serve a notice pursuant to Section 8 of the Housing Act 1988 and, once this has expired, issue proceedings for possession. Normally, the landlord would be relying on rent arrears to terminate the tenancy during a fixed term, and it would also be possible to include a claim for payment of the arrears plus costs (depending on the provisions of the tenancy agreement).
