Localism Act 2011

Section 159

SCHEDULE 14 E+W Grounds on which landlord may refuse to surrender and grant tenancies under section 158

Commencement Information

I1 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 1 E+W

1 E+W This ground is that any rent lawfully due from a tenant under one of the existing tenancies has not been paid.

Commencement Information

I2 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 2 E+W

2 E+W This ground is that an obligation under one of the existing tenancies has been broken or not performed.

Commencement Information

I3 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 3 E+W

3 E+W This ground is that any of the relevant tenants is subject to an order of the court for possession of the dwelling-house let on that tenant's existing tenancy.

Commencement Information

I4 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 4 E+W

4 (1) This ground is that either of the following conditions is met. E+W

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and

(b) possession is sought on one or more of grounds 1 to 6 in Part 1 of Schedule 2 to the Housing Act 1985 (grounds on which possession may be ordered despite absence of suitable accommodation).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 83 of that Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.

Commencement Information

I5 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

[F1 Ground 4A E+W

Textual Amendments

F1 Sch. 14 Ground 4A inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(3)(a), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(e); S.I. 2014/2830, art. 2(e)

4A (1) This ground is that either of the following conditions is met. E+W

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is a secure tenancy, and

(b) possession is sought under section 84A of the Housing Act 1985 (absolute ground for possession for anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 83ZA of that Act (notice requirements in relation to proceedings for possession on absolute ground for anti-social behaviour), and

(b) the notice is still in force.]

Ground 5 E+W

5 (1) This ground is that either of the following conditions is met. E+W

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and

(b) possession is sought on one or more of the grounds in Part 2 of Schedule 2 to the Housing Act 1988 (grounds on which the court may order possession)

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and

(b) the notice specifies one or more of those grounds and is still in force.

Commencement Information

I6 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

[F2 Ground 5A E+W

Textual Amendments

F2 Sch. 14 Ground 5A inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 100(3)(b), 185(1), (2)(c), (3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(e); S.I. 2014/2830, art. 2(e)

5A (1) This ground is that either of the following conditions is met. E+W

(2) The first condition is that—

(a) proceedings have begun for possession of a dwelling-house let on an existing tenancy which is an assured tenancy, and

(b) possession is sought on ground 7A in Part 1 of Schedule 2 to the Housing Act 1988 (absolute ground for possession for anti-social behaviour).

(3) The second condition is that—

(a) a notice has been served on a relevant tenant under section 8 of that Act (notice of proceedings for possession), and

(b) the notice specifies ground 7A and is still in force.]

Ground 6 E+W

6 (1) This ground is that either of the following conditions is met. E+W

(2) The first condition is that a relevant order[F3 , a suspended anti-social behaviour possession order or a suspended riot-related possession order] is in force in respect of a relevant tenant or a person residing with a relevant tenant.

(3) The second condition is that an application is pending before any court for a relevant order, a demotion order[F4 , an anti-social behaviour possession order or a riot-related possession order] to be made in respect of a relevant tenant or a person residing with a relevant tenant.

(4) In this paragraph—

• a “relevant order” means—

  (a)

  an injunction under section 152 of the Housing Act 1996 (injunctions against anti-social behaviour),

  (b)

  an injunction to which a power of arrest is attached by virtue of section 153 of that Act (other injunctions against anti-social behaviour),

  (c)

  an injunction under section 153A, 153B or 153D of that Act (injunctions against anti-social behaviour on application of certain social landlords),

  (d)

  an anti-social behaviour order under section 1 of the Crime and Disorder Act 1998, F5 ...

  (e)

  an injunction to which a power of arrest is attached by virtue of section 91 of the Anti-social Behaviour Act 2003 [F6 or section 27 of the Police and Justice Act 2006];

  (f)

  [F7 an injunction under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014, or

  (g)

  an order under section 22 of that Act;]

• [F8 An “anti-social behaviour possession order” means an order for possession under Ground 2 in Schedule 2 to the Housing Act 1985 or Ground 14 in Schedule 2 to the Housing Act 1988.]

• a “demotion order” means a demotion order under section 82A of the Housing Act 1985 or section 6A of the Housing Act 1988;

• [F9 A “riot-related possession order” means an order for possession under Ground 2ZA in Schedule 2 to the Housing Act 1985 or Ground 14ZA in Schedule 2 to the Housing Act 1988.]

• F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in Sch. 14 para. 6(2) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 47(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(b)

F4 Words in Sch. 14 para. 6(3) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 47(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(b)

F5 Word in Sch. 14 para. 6(4) omitted (20.10.2014 for E.) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 47(4)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

F6 Words in Sch. 14 para. 6(4) inserted (20.10.2014 for E.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 47(4)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

F7 Words in Sch. 14 para. 6(4) inserted (20.10.2014 for E.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 47(4)(c) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

F8 Words in Sch. 14 para. 6(4) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 47(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(b)

F9 Words in Sch. 14 para. 6(4) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 47(6) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(b)

F10 Words in Sch. 14 para. 6(4) omitted (13.5.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 47(7) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(b)

Commencement Information

I7 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

[F11 Ground 6A E+W

Textual Amendments

F11 Sch. 14 Ground 6A inserted (20.10.2014 for E.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 48 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h)

6A E+W This ground is that a dwelling-house let on an existing tenancy is subject to a closure notice or closure order under Chapter 3 of Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014.]

Ground 7 E+W

7 E+W This ground is that the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is substantially more extensive than is reasonably required by the existing tenant or tenants to whom the tenancy is proposed to be granted.

Commencement Information

I8 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 8 E+W

8 E+W This ground is that the extent of the accommodation afforded by the dwelling-house proposed to be let on the new tenancy is not reasonably suitable to the needs of—

(a) the existing tenant or tenants to whom the tenancy is proposed to be granted, and

(b) the family of that tenant or those tenants.

Commencement Information

I9 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 9 E+W

9 (1) This ground is that the dwelling house proposed to be let on the new tenancy meets both of the following conditions. E+W

(2) The first condition is that the dwelling-house—

(a) forms part of or is within the curtilage of a building that, or so much of it as is held by the landlord—

(i) is held mainly for purposes other than housing purposes, and

(ii) consists mainly of accommodation other than housing accommodation, or

(b) is situated in a cemetery.

(3) The second condition is that the dwelling-house was let to any tenant under the existing tenancy of that dwelling-house, or a predecessor in title of the tenant, in consequence of the tenant or the predecessor being in the employment of—

(a) the landlord under the tenancy,

(b) a local authority,

(c) a development corporation,

(d) a housing action trust,

(e) an urban development corporation, or

(f) the governors of an aided school.

Commencement Information

I10 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 10 E+W

10 E+W This ground is that the landlord is a charity and the occupation of the dwelling-house proposed to be let on the new tenancy by the relevant tenant or tenants to whom the new tenancy is proposed to be granted would conflict with the objects of the charity.

Commencement Information

I11 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 11 E+W

11 (1) This ground is that both of the following conditions are met. E+W

(2) The first condition is that the dwelling-house proposed to be let on the new tenancy has features that—

(a) are substantially different from those of ordinary dwelling-houses, and

(b) are designed to make it suitable for occupation by a physically disabled person who requires accommodation of the kind provided by the dwelling-house.

(3) The second condition is that if the new tenancy were granted there would no longer be such a person residing in the dwelling-house.

Commencement Information

I12 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 12 E+W

12 (1) This ground is that both of the following conditions are met. E+W

(2) The first condition is that the landlord is a housing association or housing trust which lets dwelling-houses only for occupation (alone or with others) by persons whose circumstances (other than merely financial circumstances) make it especially difficult for them to meet their need for housing.

(3) The second condition is that, if the new tenancy were granted, there would no longer be such a person residing in the dwelling-house proposed to be let on the new tenancy.

Commencement Information

I13 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 13 E+W

13 (1) This ground is that all of the following conditions are met. E+W

(2) The first condition is that the dwelling-house proposed to be let on the new tenancy is one of a group of dwelling-houses which it is the practice of the landlord to let for occupation by persons with special needs.

(3) The second condition is that a social service or special facility is provided in close proximity to the group of dwelling-houses to assist persons with those special needs.

(4) The third condition is that if the new tenancy were granted there would no longer be a person with those special needs residing in the dwelling-house.

Commencement Information

I14 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)

Ground 14 E+W

14 (1) This ground is that all of the following conditions are met. E+W

(2) The first condition is that—

(a) the dwelling-house proposed to be let on the new tenancy is the subject of a management agreement under which the manager is a housing association, and

(b) at least half the members of the association are tenants of dwelling-houses subject to the agreement.

(3) The second condition is that at least half the tenants of the dwelling-houses are members of the association.

(4) The third condition is that no relevant tenant to whom the new tenancy is proposed to be granted is, or is willing to become, a member of the association.

(5) References in this paragraph to a management agreement include a section 247 or 249 arrangement as defined by 250A(6) of the Housing and Regeneration Act 2008.

Commencement Information

I15 Sch. 14 in force at 4.4.2012 by S.I. 2012/1008, art. 2(c) (with arts. 7, 8)