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Legal Guides

Possession Proceedings

Ground 2

Please follow all the Steps Below

Explanation of Ground

The landlord can make issue a claim for possession under this Ground if the tenant, or anyone living in or visiting the property has either:
a) caused or is likely to cause a nuisance or annoyance to anyone residing in, visiting or engaging in a lawful activity in the locality; or

b) caused or is likely to cause nuisance or annoyance towards the landlord or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions; or

c) been convicted of using the property or allowing it to be used for illegal or immoral purposes; or

d) been convicted of an indictable (serious offence) committed in the locality of the property; or


Meaning of Locality: The surrounding area, neighbourhood and community in which the property is located.

Date of conviction: A conviction which was obtained prior to the tenancy commenced can be used under this Ground.


Discretionary Ground – Has to be reasonable to grant possession
c) As this is a discretionary ground, even if it is proved that there is some rent due, the court must still decide whether it is reasonable to grant possession.

Step 1

Notice Requirements

Step 1 – Notice Requirements

1

Click to Check Notice Requirements

You will be directed to a page outlining the Notice requirements and other important information relating to Notices.
Click Here

2

If Notice has not been served or is invalid

If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.

3

If Notice has been served and is valid

Proceed to step 2

Step 2

Claim Form & Particulars of Claim

Step 2 – Claim Form & Particulars of Claim

1

Click to Check the Claim form & Particulars of Claim Requirements

You will be re-directed to a page outlining the requirements for the Claim form & Particulars of Claim.
Click Here

2

If the requirements for the Claim form & Particulars were not followed

Then this must be outlined in the defence form or to the court.

3

If the requirements for the Claim form & particulars were followed

Proceed to step 3

Step 3

Pre-Court Action

Step 3 – Pre-Court Action Requirements

1

Click to see the Pre-Court Action Requirements

You will be re-directed to a page outlining the Pre-Court action requirements and other key information.
Click Here

2

If the Pre-Court Action requirements were not follow

Then this must be outlined in the defence form or to the court.

3

If the Pre-Court Action requirements were followed

Proceed to step 4

Step 4

Disputing Ground

Step 4 – Disputing this Ground

1

Click to see how this Ground can be disputed

You will be re-directed to a page outlining how this Ground can be disputed
Click Here

2

If the Ground can be disputed

Then this must be outlined in the defence form or to the court.

3

If this Ground cannot be disputed

Proceed to step 5

Step 1

Notice Requirements

Step 5 – If there are no Defences are disputes

1

Reasonableness of ordering possession

You will be re-directed to a page outlining the factors the court may consider relating to ordering possession.
Click Here

2

If there are factors which would make possession unreasonable

Then this must be outlined in the defence form or to the court.

3

If there are no factors relating to reasonableness

Proceed to step 7

Step 1

Notice Requirements

Step 6 – Human Rights, Equality Act & Public Law

1

Click for information relating to Human Rights, Equality and Public Law

You will be re-directed to a page outlining information relating to Human Rights, Equality and Public law Defences.
Click Here

2

If there are valid defences under Human Rights, Equality or Public law

Then this must be outlined in the defence form or to the court.

3

If there are no defences under Human Rights, Equality or Public Law

Proceed to the FAQ section below
FAQ
Find Your Question Here

Your Questions Answered

Below are answers to questions you may have relating to possession proceedings

How to include the challenges in the Defence form?

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How to make my arguments relating to the challenges I identified, at Court?

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What to do if Possession is Ordered?

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Can Possession be Delayed?

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Where can I get extra support?

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What to do if I have a disability which makes it impossible to conduct legal proceedings?

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