Ground 6

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

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.