Ground 8

This ground allows a landlord to seek possession of a decant property (temporary accommodation provided to a tenant while their principal accommodation undergoes repairs or redevelopment) once the works on the principal accommodation have been completed. The landlord can reclaim possession of the temporary decant property in order to return the tenant to their principal home.

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

a) the tenant was a secure tenant of the principal dwelling-house at the time when he ceased to occupy it as his home and moved to the temporary home

and

b) the tenant was relocated to a temporary form of accommodation while the property in the principal accommodation under the tenancy was undergoing works and the tenant was aware of such accommodation being only temporary while the repair works were being completed in the principal accommodation

and

b) the works have been completed in the principal accommodation

Note: Possession claims under this ground is for possession of the temporary accommodation which was provided while the principal accommodation was undergoing works, the principal accommodation remains unaffected at this point.


Note: Possession claims under this ground is for possession of the temporary accommodation which was provided while the main accommodation was undergoing works, the main accommodation remains unaffected at this point.

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.