Ground 5
Housing Act 1985, Schedule 2
What is Ground 5
The landlord can issue a claim for possession under this Ground if:
if the tenancy was obtained by a false statement made by the tenant, or someone acting on the tenant’s behalf, which materially affected the landlord’s decision to grant the tenancy.
Note 1: This includes statements made recklessly i.e. providing information which you were not sure whether it is true or or without understanding the requirement relating to that particular piece of information, and that information turning out to be false.
Note 2: A failure to provide key information relating to your circumstances if they have changed could be classed as making a false statement. For example information relating to benefits entitlements or employment which could affect your tenancy.
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.
What You Can Do
Follow this step-by-step guide