Housing Act 1985

Part IIIE+W Grounds on which the Court may Order Possession if it Considers it Reasonable and Suitable Alternative Accommodation is Available

Ground 12E+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, or is situated in a cemetery, 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 [F1development] corporation,

  • [F2a housing action trust]

  • [F3a Mayoral development corporation, ]

  • an urban development corporation,

  • F4. . . or

  • the governors of an aided school,

and that employment has ceased, and

(b)the landlord reasonably requires the dwelling-house for occupation as a residence for some person either engaged in the employment of the landlord, or of such a body, or with whom a contract for such employment has been entered into conditional on housing being provided.

Textual Amendments

F2Entry in Sch. 2 Pt. 3 Ground 12(a) inserted by Housing Act 1988 (c. 50, SIF 61), s. 83(6)(b)

F3Entry in Sch. 2 Pt. 3 Ground 12(a) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 17

F4Entry in Sch. 2 Pt. 3 Ground 12(a) repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(20, 141(1), 143(2)); S.I. 1998/2244, art. 4

Ground 13E+W

The dwelling-house 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—

(a)there is no longer such a person residing in the dwelling-house, and

(b)the landlord requires it for occupation (whether alone or with members of his family) by such a person.

Ground 14E+W

The landlord is 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—

(a)either there is no longer such a person residing in the dwelling-house or the tenant has 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

(b)the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by such a person.

Ground 15E+W

The dwelling-house 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 and—

(a)a social service or special facility is provided in close proximity to the group of dwelling-houses in order to assist persons with those special needs,

(b)there is no longer a person with those special needs residing in the dwelling-house, and

(c)the landlord requires the dwelling-house for occupation (whether alone or with members of his family) by a person who has those special needs.

[F5Ground 15AE+W

Textual Amendments

F5Sch. 2 Pt. III Ground 15A inserted (1.4.2012) by Localism Act 2011 (c. 20), ss. 162(2), 240(2); S.I. 2012/628, art. 6(b) (with arts. 9, 11, 14, 15, 17)

The dwelling-house is in England, the accommodation afforded by it is more extensive than is reasonably required by the tenant and—

(a)the tenancy vested in the tenant by virtue of section 89 (succession to periodic tenancy) or 90 (devolution of term certain) in a case where the tenant was not the previous tenant's spouse or civil partner, and

(b)notice of the proceedings for possession was served under section 83 (or, where no such notice was served, the proceedings for possession were begun) more than six months but less than twelve months after the relevant date.

For this purpose “the relevant date” is—

(a)the date of the previous tenant's death, or

(b)if the court so directs, the date on which, in the opinion of the court, the landlord (or, in the case of joint landlords, any one of them) became aware of the previous tenant's death.

The matters to be taken into account by the court in determining whether it is reasonable to make an order on this ground include—

(a)the age of the tenant,

(b)the period (if any) during which the tenant has occupied the dwelling-house as the tenant's only or principal home, and

(c)any financial or other support given by the tenant to the previous tenant.]

Ground 16E+W

F6...

F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6Sch. 2 Pt. 3 Group 16 omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 11(29) (with savings and transitional provisions in S.I. 2022/1172, regs. 2, 11, 12, 19)