Step 5
Is it Reasonable to Grant Possession?
Ground 5
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
"Inadvertent and minor false statement"
Explanation
Where the false statement was made unintentionally and had limited impact, the court may take this into account when assessing reasonableness.
For example, a tenant may have stated they were unemployed, while in fact earning a small amount from irregular babysitting. Although this could be seen as reckless, it may also be viewed as a minor omission in the context of the overall application.
Relevant considerations may include the nature of the statement, its effect on the landlord’s decision, and the tenant’s understanding at the time.
1
Factor 1
"Inadvertent and minor false statement"
Explanation
Where the false statement was made unintentionally and had limited impact, the court may take this into account when assessing reasonableness.
For example, a tenant may have stated they were unemployed, while in fact earning a small amount from irregular babysitting. Although this could be seen as reckless, it may also be viewed as a minor omission in the context of the overall application.
Relevant considerations may include the nature of the statement, its effect on the landlord’s decision, and the tenant’s understanding at the time.
2
Factor 2
"The tenant will suffer extreme hardship if is evicted due to particular circumstances"
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.
2
Factor 2
"The tenant will suffer extreme hardship if is evicted due to particular circumstances"
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 effective, efficient and actionable legal support with TenantShield.
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.