SCHEDULES
SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies
C2Part II Grounds on which Court may Order Possession
Ground 9
Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect.
Ground 10
Some rent lawfully due from the tenant—
a
is unpaid on the date on which the proceedings for possession are begun; and
b
except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings.
Ground 11
Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.
Ground 12
Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.
Ground 13
The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other 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.
For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest.
Ground 14
F1The 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,
F14aa
has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, 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 F2indictable offence committed in, or in the locality of, the dwelling-house.
F15Ground 14ZA
Sch. 2 Pt. II Ground 14ZA inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 99(2), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 1 (with art. 7)
The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom.
In this Ground—
“adult” means a person aged 18 or over;
“indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small);
“riot” is to be construed in accordance with section 1 of the Public Order Act 1986.
This Ground applies only in relation to dwelling-houses in England.
F6Ground 14A
Sch. 2 Pt. II Ground 14A and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 149; S.I. 1997/225, art. 2 (with Sch.)
F3 The dwelling-house was occupied (whether alone or with others) by F4 a married couple, a couple who are civil partners of each otherF16... F5 or a couple living together as if they were F17a married couple or civil partners and—
a
one or both of the partners is a tenant of the dwelling-house,
b
the landlord who is seeking possession is F11a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust F12or, where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing,
c
one partner has left the dwelling-house 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
d
the court is satisfied that the partner who has left is unlikely to return.
For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the M1 Housing Act 1996 and “ charitable housing trust ” means a housing trust, within the meaning of the M2 Housing Associations Act 1985, which is a charity F13....
Ground 15
The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by 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 16
C1The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment.
F7For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, F8or by a Local Health Board, shall be regarded as employment by the Secretary of State.
F10Ground 17
Sch. 2 Pt. II Ground 17 and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 102; S.I. 1997/225, art. 2 (with Sch.)
Sch. 2 Pt. II Ground 17 and cross-heading inserted (28.2.1997) by 1996 c. 52, s. 102; S.I. 1997/225, art. 2 (with Sch.)
F9The 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 by—
- a
the tenant, or
- b
a person acting at the tenant’s instigation.
Pt. II (Grounds 9–15) applied with modifications by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 186, Sch. 10 paras. 5, 21, 22