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Legal Guides

Possession Proceedings

Ground 6

Please follow all the Steps Below

Explanation of Ground

The landlord can issue a claim for possession under this Ground if:

a) the tenancy was assigned to:

i) a new tenant
or
ii) a family member who used to be the tenant, as part of a mutual exchange

and

b) premium (a sum of money or other financial incentive) was paid in connection with the exchange

Important Note:
If a family member was assigned the tenancy, they must still be living in the property with the current tenant. Ground 6 cannot be used if the family member permanently moves out before the landlord starts possession proceedings.



Breakdown of the Ground:

Scenario 1: Direct Assignment (Ground 6 Applies)

Tenant A (Original Tenant) swaps homes with Tenant B in a mutual exchange.
Tenant B is now living in Tenant A’s old home.
Tenant B paid Tenant A money (a premium) for the swap—which is not allowed.
Because a premium was paid, the landlord can seek possession under Ground 6.


Scenario 2: Assignment to a Family Member (Ground 6 Applies)

Tenant A (Original Tenant) swaps homes with Tenant B through a mutual exchange.
But instead of Tenant B moving in directly, Tenant B’s family member (e.g., B’s son or brother) is assigned the tenancy instead.
Tenant B’s family member must still be living in the property with the new tenant (Tenant B).
If a premium was paid, the landlord can seek possession under Ground 6.


Scenario 3: Family Member Moves Out (Ground 6 No Longer Applies)

If the family member assigned the tenancy moves out, Ground 6 cannot be used to evict the tenant anymore.
This means that if the landlord wants possession, they must rely on a different legal ground.



Discretionary Ground – Has to be reasonable to grant possession

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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