Housing Act 1985

84 Grounds and orders for possession. E+W

(1) The court shall not make an order for the possession of a dwelling-house let under a secure tenancy except on one or more of the grounds set out in Schedule 2 [F1 or in accordance with [F2 section 84A (absolute ground for possession for anti-social behaviour) or] section 107D (recovery of possession on expiry of flexible tenancy)].

(2) The court shall not make an order for possession—

(a) on the grounds set out in Part I of [F3 Schedule 2] (grounds 1 to 8), unless it considers it reasonable to make the order,

(b) on the grounds set out in Part II of that Schedule (grounds 9 to 11), unless it is satisfied that suitable accommodation will be available for the tenant when the order takes effect,

(c) on the grounds set out in Part III of that Schedule (grounds 12 to 16), unless it both considers it reasonable to make the order and is satisfied that suitable accommodation will be available for the tenant when the order takes effect;

and Part IV of that Schedule has effect for determining whether suitable accommodation will be available for a tenant.

[F4 (3) Where a notice under section 83 [F5 or 83ZA ] has been served on the tenant, the court shall not make [F6 an order on any of the grounds mentioned in subsection (2)] unless the ground is specified in the notice; but the grounds so specified may be altered or added to with the leave of the court.

(4) Where a date is specified in a notice under section 83 in accordance with subsection (3) of that section, the court shall not make an order which requires the tenant to give up possession of the dwelling-house in question before the date so specified.]

Textual Amendments

F1 Words in s. 84(1) inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 155(2), 240(2); S.I. 2012/628, art. 6(a) (with arts. 9, 11, 14, 15, 17)

F2 Words in s. 84(1) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 9(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iv)

F3 Words in s. 84(2)(a) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 9(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iv)

F4 S. 84(3)(4) substituted for s. 84(3) (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(2); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (with savings in Sch.)

F5 Words in s. 84(3) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 9(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iv)

F6 Words in s. 84(3) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 9(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iv)