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Legal Guides

Possession Proceedings

Ground 7

Please follow all the Steps Below

Explanation of Ground

Ground 7 allows a landlord to seek possession of tied accommodation (housing provided as part of a job) if the tenant or someone living with them has behaved unreasonably.


Breakdown of this ground:

a) This ground applies in two tenancy situations:

i) The tenant is employed by the landlord, and the accommodation is linked to their job.

or

ii) The tenant inherited (succeeded to) the tenancy from a family member who was employed by the landlord, even though they themselves do not work for the landlord.

and

b) the property must either:
i) Be part of a building mainly used for non-residential purposes (e.g., a caretaker’s flat in a school or a manager’s flat above a shop),
or
ii) Be within the directly surrounding areas (“curtilage”) of a non-residential building (e.g., the area of land directly outside a school and is connected to it, for example because the share a common gate, driveway, entrances etc…)

and

c) the tenant or someone living with them has behaved unreasonably in relation to their occupation of the tenancy. For example, the tenant lives the property within school grounds, but has been found to throw an unauthorised party in the the school garden which is directly outside their property.



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 or 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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