Housing Act 1985 (c. 68)

SCHEDULES

SCHEDULE 2 E+W Grounds for Possession of Dwelling-Houses Let underSecure Tenancies

Part I E+W Grounds on which Court may Order Possession if it Considers it Reasonable

Ground 1 E+W

Rent lawfully due from the tenant has not been paid or an obligation of the tenancy has been broken or not performed.

[F1 Ground 2] E+W

Textual Amendments

F1 Sch. 2 Ground 2 substituted (4.2.1997) by 1996 c. 52, s. 144; S.I. 1997/66, art. 2 (with Sch.)

[F2 The tenant or a person residing in or visiting the dwelling-house—

(a)

has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, or

(b)

has been convicted of—

(i)

using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii)

an arrestable offence committed in, or in the locality of, the dwelling-house.]

Textual Amendments

F2 Sch. 2 Ground 2 substituted (4.2.1997) by 1996 c. 52, s. 144; S.I. 1997/66, art. 2 (subject to savings in Sch.)

[F3 Ground 2A] E+W

Textual Amendments

F3 Sch. 2 Ground 2A and inserted (4.2.1997) by 1996 c. 52, s. 145; S.I. 1997/66, art. 2 (subject to savings in Sch.)

[F4 The dwelling-house was occupied (whether alone or with others) by a married couple or a couple living together as husband and wife and—

(a)

one or both of the partners is a tenant of the dwelling-house,

(b)

one partner has left because of violence or threats of violence by the other towards—

(i)

that partner, or

(ii)

a member of the family of that partner who was residing with that partner immediately before the partner left, and

(c)

the court is satisfied that the partner who has left is unlikely to return.]

Textual Amendments

F4 Sch. 2 Ground 2A and cross-heading inserted (4.2.1997) by 1996 c. 52, s. 145; S.I. 1997/66, art. 2 (subject to savings in Sch.)

Ground 3 E+W

The condition of the dwelling-house or of any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or a person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 4 E+W

The condition of furniture provided by the landlord for use under the tenancy, or for use in the common parts, has deteriorated owing to ill-treatment by the tenant or a person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant.

Ground 5 E+W

The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly [F5 by—

(a) the tenant, or

(b) a person acting at the tenant’s instigation]

Textual Amendments

F5 Sch. 2 Ground 5(a)(b) and word “by” immediately preceding it substituted (4.2.1997) for words by 1996 c. 52, s. 146; S.I. 1997/66, art. 2 (subject to savings in Sch.)

Ground 6 E+W

The tenancy was assigned to the tenant, or to a predecessor in title of his who is a member of his family and is residing in the dwelling-house, by an assignment made by virtue of section 92 (assignments by way of exchange) and a premium was paid either in conection with that assignment or the assignment which the tenant or predecessor himself made by virtue of that section.

In this paragraph “premium” means any fine or other like sum and any other pecuniary consideration in addition to rent

Ground 7 E+W

The dwelling-house forms part of, or is within the curtilage of, a building which, or so much of it as is held by the landlord, is held mainly for purposes other than housing purposes and consists mainly of accommodation other than housing accommodation, and—

(a)

the dwelling-house was let to the tenant or a predecessor in title of his in consequence of the tenant or predecessor being in the employment of the landlord, or of—

• a local authority,

• a new town corporation,

• [F6 a housing action trust]

• an urban development corporation,

• F7 . . . or

• the governors of an aided school,

and

(b)

the tenant or a person residing in the dwelling-house has been guilty of conduct such that, having regard to the purpose for which the building is used, it would not be right for him to continue in occupation of the dwelling-house.

Textual Amendments

F6 Entry in Sch. 2 Pt. I Ground 7 inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(b)

F7 Entry in Sch. 2 Pt. I Ground 7 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV; S.I. 1998/2244, art. 4

Ground 8 E+W

The dwelling-house was made available for occupation by the tenant (or a predecessor in title of his) while works were carried out on the dwelling-house which he previously occupied as his only or principal home and—

(a) the tenant (or predecessor) was a secure tenant of the other dwelling-house at the time when he ceased to occupy it as his home,

(b) the tenant (or predecessor) accepted the tenancy of the dwelling-house of which possession is sought on the understanding that he would give up occupation when, on completion of the works, the other dwelling-house was again available for occupation by him under a secure tenancy, and

(c) the works have been completed and the other dwelling-house is so available.