Step 6
Is it Reasonable to Grant Possession?
Ground 1 Rent Arrears
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.
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.
1
Factor 1
"Delay in receiving universal credit or housing benefits"
Explanation
Where rent arrears have been caused by a delay in benefit payments that are normally used to cover rent, the court may consider this when assessing reasonableness. This may carry more weight if the arrears are relatively low and there is a history of regular rent payments. The court may also take into account whether the issue is being resolved and rent payments are expected to resume.
1
Factor 1
"Delay in receiving universal credit or housing benefits"
Explanation
Where rent arrears have been caused by a delay in benefit payments that are normally used to cover rent, the court may consider this when assessing reasonableness. This may carry more weight if the arrears are relatively low and there is a history of regular rent payments. The court may also take into account whether the issue is being resolved and rent payments are expected to resume.
2
Factor 2
"Benefits application in process or benefits application will be made"
Explanation
If rent arrears have built up while an application for Universal Credit or Housing Benefit is in progress — or will be submitted promptly — the court may consider this when deciding whether possession is reasonable.
The court may also look at the amount of arrears, the length of non-payment, and whether the tenant has engaged with the local authority about the situation.
2
Factor 2
"Benefits application in process or benefits application will be made"
Explanation
If rent arrears have built up while an application for Universal Credit or Housing Benefit is in progress — or will be submitted promptly — the court may consider this when deciding whether possession is reasonable.
The court may also look at the amount of arrears, the length of non-payment, and whether the tenant has engaged with the local authority about the situation.
3
Factor 3
"Discretionary housing payment application made. Or will be made or positive decision received prior to hearing"
Explanation
Where a Discretionary Housing Payment (DHP) application has been made, is pending, or has been approved before the hearing, the court may take this into account when considering whether possession is reasonable.
Relevant factors may include the level of arrears, the amount expected or awarded under the DHP, the period of non-payment, and whether the tenant has engaged with the local authority about the issue.
3
Factor 3
"Discretionary housing payment application made. Or will be made or positive decision received prior to hearing"
Explanation
Where a Discretionary Housing Payment (DHP) application has been made, is pending, or has been approved before the hearing, the court may take this into account when considering whether possession is reasonable.
Relevant factors may include the level of arrears, the amount expected or awarded under the DHP, the period of non-payment, and whether the tenant has engaged with the local authority about the issue.
4
Factor 4
"Unexpected and unavoidable hardship (financial or health), and tenant is offering a solution to current situation"
Explanation
If rent arrears have arisen due to unexpected and severe hardship — such as sudden job loss, serious illness, or another major life disruption — the court may take this into account when assessing reasonableness.
Consideration may also be given to whether the tenant had previously been paying rent regularly, has engaged with support services or the local authority, and is actively seeking to resolve the situation going forward.
4
Factor 4
"Unexpected and unavoidable hardship (financial or health), and tenant is offering a solution to current situation"
Explanation
If rent arrears have arisen due to unexpected and severe hardship — such as sudden job loss, serious illness, or another major life disruption — the court may take this into account when assessing reasonableness.
Consideration may also be given to whether the tenant had previously been paying rent regularly, has engaged with support services or the local authority, and is actively seeking to resolve the situation going forward.
5
Factor 5
"Unexpected accumulation of debt"
Explanation
If rent arrears have resulted from an unexpected or severe build-up of debt, the court may take this into account when deciding whether possession is reasonable.
Relevant considerations may include the cause of the debt, whether the tenant had previously been paying rent reliably, and whether there is a realistic plan in place to resolve the situation and maintain future payments.
5
Factor 5
"Unexpected accumulation of debt"
Explanation
If rent arrears have resulted from an unexpected or severe build-up of debt, the court may take this into account when deciding whether possession is reasonable.
Relevant considerations may include the cause of the debt, whether the tenant had previously been paying rent reliably, and whether there is a realistic plan in place to resolve the situation and maintain future payments.
6
Factor 6
"Insignificant amount of arrears, and the tenant demonstrates an intention to proceed and comply with a repayment plan"
Explanation
Where the arrears are relatively small in proportion to the rent and the tenant has a history of paying on time, the court may consider whether possession would be reasonable.
An expressed willingness to engage with a repayment plan and comply with it going forward may also be relevant to the court’s assessment.
6
Factor 6
"Insignificant amount of arrears, and the tenant demonstrates an intention to proceed and comply with a repayment plan"
Explanation
Where the arrears are relatively small in proportion to the rent and the tenant has a history of paying on time, the court may consider whether possession would be reasonable.
An expressed willingness to engage with a repayment plan and comply with it going forward may also be relevant to the court’s assessment.
7
Factor 7
"The tenant has proposed to proceed with repayment plan, but the landlord has refused or has been un cooperative in relation such proposal"
Explanation
If a tenant has proposed a reasonable and affordable repayment plan, and the landlord has refused to engage with it or has acted uncooperatively, the court may take this into account when considering reasonableness.
This may carry more weight where the arrears are relatively low, the tenant previously paid rent reliably, and the proposed plan is realistic.
7
Factor 7
"The tenant has proposed to proceed with repayment plan, but the landlord has refused or has been un cooperative in relation such proposal"
Explanation
If a tenant has proposed a reasonable and affordable repayment plan, and the landlord has refused to engage with it or has acted uncooperatively, the court may take this into account when considering reasonableness.
This may carry more weight where the arrears are relatively low, the tenant previously paid rent reliably, and the proposed plan is realistic.
8
Factor 8
"The tenant is vulnerable and the local authority has treated them unfavourably and the tenant has been not assisted in an manner requires higher degrees of cooperation and help"
Explanation
Where a tenant is vulnerable — due to disability, age, or other personal circumstances — and the local authority, as a public body, has failed to provide the level of support and cooperation reasonably expected, this may be relevant to the court’s assessment of reasonableness.
If the authority proceeds with possession without making meaningful efforts to assist the tenant in resolving the arrears, this may weigh against granting possession.
8
Factor 8
"The tenant is vulnerable and the local authority has treated them unfavourably and the tenant has been not assisted in an manner requires higher degrees of cooperation and help"
Explanation
Where a tenant is vulnerable — due to disability, age, or other personal circumstances — and the local authority, as a public body, has failed to provide the level of support and cooperation reasonably expected, this may be relevant to the court’s assessment of reasonableness.
If the authority proceeds with possession without making meaningful efforts to assist the tenant in resolving the arrears, this may weigh against granting possession.
9
Factor 9
"The tenant will suffer extreme hardship if is evicted due to particular circumstances (for example, health, family, vulnerabilities)"
Explanation
Where eviction would cause the tenant extreme and unavoidable hardship — due to factors such as serious health issues, family responsibilities, or other vulnerabilities — the court may take this into account when deciding whether possession is reasonable.
The court may also consider whether the tenant is engaging with the local authority and seeking to resolve the arrears. Situations involving serious medical needs, dependent children, or a risk of homelessness while in a vulnerable state may be particularly relevant.
9
Factor 9
"The tenant will suffer extreme hardship if is evicted due to particular circumstances (for example, health, family, vulnerabilities)"
Explanation
Where eviction would cause the tenant extreme and unavoidable hardship — due to factors such as serious health issues, family responsibilities, or other vulnerabilities — the court may take this into account when deciding whether possession is reasonable.
The court may also consider whether the tenant is engaging with the local authority and seeking to resolve the arrears. Situations involving serious medical needs, dependent children, or a risk of homelessness while in a vulnerable state may be particularly relevant.
Court Responses to Submissions of Unreasonableness
01.
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.
01.
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.
02.
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.
02.
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.
03.
Suspended Possession Order
A Suspended Possession order means that the court will order possession but suspend the Claimant’s ability to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspension 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 against the 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.
03.
Suspended Possession Order
A Suspended Possession order means that the court will order possession but suspend the Claimant’s ability to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspension 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 against the 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.
04.
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.
04.
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.
05.
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.
05.
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.
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Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.