Ground 2

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, neighborhood and community in which the property is located.


Discretionary Ground – Has to be reasonable to grant possession

A discretionary ground means that even if the ground is proven, the court must still decide whether it is reasonable to grant possession based on the circumstances of the case.