Please follow the steps below for more information relating to the defence of ‘unreasonableness’
Unreasonable to order possession
Ground 6
Unreasonableness
What does the Ground Say?
Ground 6 – Explanation
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 this 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
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.
Potential factors which the court might consider when determining whether it would be reasonable to grant possession even if the Ground is proved by the landlord
DISCLAIMER: Below are some examples of factors commonly raised at Court, however, this factors below are just some example, and are non-exhaustive. The Court may consider a wide and unlimited variety of factors.
How It Works
Unreasonableness
Common Factor relating to Reasonableness
The Tenant will suffer extreme hardship if is evicted due to particular circumstances (for example, health, family, vulnerabilities).
1- What does this mean?
Explanation
a) Being made homeless while in a very vulnerable state
b) Being made homeless with children or people that need care
c) Being severely affected by health circumstances that render the tenant unable to withstand eviction
d) Other examples may be applicable
2- Evidence
Evidence Required
b) The local authority’s awareness of such impact
c) The local authority’s lack of appreciation for such impact
d) The local authority’s lack of investigation of the tenant’s circumstances
e) The tenant will engage and cooperate with the local authority in reaching an agreement as to how best to proceed with the circumstances he finds himself in
3 – Advancing Defence
Outline in Defence Form
or at Court
If the time limit for filing the defence has passed, then you need prepare. a written draft of your reasons for the dispute, obtain the necessary evidence and bring it to court and be prepared to advance all such information to the Court Duty adviser, to the opposition, and to the Judge..
FAQ
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Potential Orders the Court Can Make in response to a submission of unreasonableness
The Court can make a number of orders following a possession hearing, below are some of the most common orders the Court can make in this regard
1 – Adjournment Generally, with liberty to restore
Adjournment generally with liberty to restore means that the court will halt the proceedings for now, without making a final determination regarding the claim. After, the court has halted the proceedings without making any final orders, it would be for the Claimant to apply to the court in order to restore the proceedings for a final determination.
2 – Adjournment on Terms
Adjournment on terms means that the court will halt the proceedings on the basis of terms agreed between the parties. For example, it could be agreed the court will halt the proceedings on the basis that the tenant pay back £100 every month towards his arrears for 8 months, until he pays back the £800 in arrears. In this case, as long as the tenant complies with the order, the proceedings will be put on hold. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £100 on the second month of the agreement, then the Claimant would be entitled to restore the proceedings and request another hearing where the Court could consider making a final determination.
3 – Suspended Possession Order
A Suspended Possession order means that the court will order possession but suspend the Claimant’s abilitiy to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspenstion i.e. suspend the possession enforcement on the basis of terms agreed between the parties. For example, it could be agreed the court suspended the ability for the Claimant to commence possession enforcement on the basis that the tenant pay back £500 every month towards his arrears for 4 months, until he pays back the £2000 in arrears. In this case, as long as the tenant complies with the order, the Claimant will not be entitled to enforce possession agains tthe Claimant. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £500 on the second month of the agreement, then the Claimant would be entitled to make an application to the court (request from the court) to grant the Claimant a ‘Warrant’ for Eviction which could be used to enforce possession against the tenant.
4 – Dismissal of the Possession Claim (Finding in favour of the tenant)
This dismissal of the possession Claim means that the Court does not agree its reasonable to order possession against the Defendant, and the Court does not consider it necessary to place the tenant under terms with the potential of returning back to the court aa sanction which is impending should he fail to comply with any terms. It is the final determination of the matter in favour of the Defendant. Should the Claimant wish to make another claim for possession they will to restart the entire possession proceedings from the start i.e. sending a notice for possession, then issue a claim for possession, and so forth.
5 – Granting Possession to the Claimant (The Local Authority ) – Finding in favour of the Landlord
This granting of possession to the Claimant (The Landlord) means that the Court finds that the Landlord has proved the Grounds for Possession under which they have made the Claim. Also, that the Court finds it reasonable to grant possession i.e. the court considers that there are no circumstances present which would make it unreasonable for the court to grant the Claimant Possession. The Granting of possession is a final determination, which is only subject to judicial appeal if certain requirements are met in order to achieve an appeal hearing. Alternatively, once the Landlord is granted the possession, the Tenant may have one final avenue, which is to suspend the warrant of eviction when and if the Landlord decides to apply tot he court for a warrant to evict you subsequent to being granted the possession order by the court.