Legislation – Renters’ Rights Act 2025
Schedule 1Changes to grounds for possession
Introductory
1
Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies) is amended as follows.
Amendments of Ground 1: occupation by landlord or family
2
“The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following—
- (a)
the landlord;
- (b)
the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership;
- (c)
the landlord’s—
- (i)
parent;
- (ii)
grandparent;
- (iii)
sibling;
- (iv)
child;
- (v)
grandchild;
- (d)
a child or grandchild of a person mentioned in paragraph (b).
A relationship of the half-blood is to be treated as a relationship of the whole blood.
In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords.
When calculating whether the current tenancy began at least 1 year before the relevant date, both—
- (a)
the day when the current tenancy began, and
- (b)
the relevant date,
must be included in the calculation.”
New ground for sale of dwelling-house
3
“Ground 1A
The following conditions are met—
- (a)
the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord;
- (b)
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;
- (c)
either—
- (i)
the current tenancy began at least 1 year before the relevant date, or
- (ii)
at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it;
- (d)
the landlord seeking possession is not—
- (i)
a non-profit registered provider of social housing,
- (ii)
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
- (iii)
a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
- (iv)
a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
- (v)
where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.
In paragraph (c)(ii), “sell” includes transfer.
When calculating whether the current tenancy began at least 1 year before the relevant date, both—
- (a)
the day when the current tenancy began, and
- (b)
the relevant date,
must be included in the calculation.”
New ground for possession after rent-to-buy agreement
4
“Ground 1B
The following conditions are met—
- (a)
the landlord who is seeking possession intends—
- (i)
to sell a freehold or leasehold interest in the dwelling-house,
- (ii)
to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or
- (iii)
to grant an assured tenancy to another person;
- (b)
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976;
- (c)
the landlord who is seeking possession is a private registered provider of social housing;
- (d)
the assured tenancy was entered into pursuant to a rent-to-buy agreement;
- (e)
the period stated in that agreement has expired;
- (f)
the landlord who is seeking possession has complied with—
- (i)
any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and
- (ii)
any requirements in the agreement about such an offer.
In this ground—
“rent-to-buy agreement” means an agreement in writing which—
(a)
provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and
(b)
gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant.”
Amendments of Ground 2: sale by mortgagee
5
In Ground 2—
(a)
in the words before paragraph (a) omit “granted before the beginning of the tenancy”;
(b)
omit paragraph (c) (and the “and” before it).
New ground for possession when superior lease ends
6
“Ground 2ZA
The landlord who is seeking possession—
- (a)
holds the interest in the dwelling-house under a superior tenancy where—
- (i)
the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or
- (ii)
the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and
- (b)
is, or, in the case of joint landlords seeking possession, at least one of them is—
- (i)
a private registered provider of social housing,
- (ii)
a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
- (iii)
a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
- (iv)
a company of which a local authority owns at least 50% of the issued share capital.”
New grounds for possession in cases where there is a superior lease
7
“Ground 2ZB
The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and—
- (a)
the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or
- (b)
if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date.
Ground 2ZC
The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was—
- (a)
a private registered provider of social housing,
- (b)
a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995,
- (c)
a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or
- (d)
a company of which a local authority owns at least 50% of the issued share capital.
Ground 2ZD
The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end—
- (a)
on the expiry of the fixed term,
- (b)
within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or
- (c)
after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy.”
Repeal of Ground 3: holiday accommodation
8
Omit Ground 3.
Amendments of Ground 4: student accommodation
9
In Ground 4—
(a)
omit the opening words;
(b)
omit paragraph (a) (together with the final “and”);
(c)
paragraph (b) becomes an unnumbered paragraph;
(d)
“and—
- (a)
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and
- (b)
the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.”
New ground for possession of student accommodation for occupation by students
10
“Ground 4A
The following conditions are met—
- (a)
the dwelling-house is in an HMO or is an HMO,
- (b)
the tenant meets the student test when the tenancy is entered into,
- (c)
the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that—
- (i)
the tenant meets the student test when the tenancy is entered into, and
- (ii)
the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into,
- (d)
the period—
- (i)
beginning with the day on which the tenancy was entered into, and
- (ii)
ending with the day on which the tenant was entitled to possession of the dwelling-house,
is six months or less,
- (e)
the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and
- (f)
the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into.
For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if—
- (a)
the tenant is a full-time student at that time, or
- (b)
at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy.
But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test.
In this ground, “full-time student” means a person receiving education provided by means of a full-time course—
- (a)
of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales;
- (b)
of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland;
- (c)
of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland.
In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy.”
Amendment of Ground 5: ministers of religion
11
In Ground 5—
(a)
omit paragraph (a) (together with the final “and”);
(b)
- “(a)
if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and
- (b)
the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3.”
New ground for possession for occupation by agricultural worker
12
“Ground 5A
The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker.
For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B.
Case A is where—
- (a)
the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and
- (b)
the employer under that contract is—
- (a)
the landlord, or
- (b)
in the case of joint landlords seeking possession, at least one of those landlords.
Case B is where—
- (a)
the person will be—
- (i)
employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or
- (ii)
working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing,
- (b)
the person will be employed or working in agriculture under that contract wholly or mainly for—
- (i)
the landlord, or
- (ii)
in the case of joint landlords seeking possession, at least one of the landlords, and
- (c)
the relevant landlord intends that employment or work to continue for at least six months after the relevant date;
and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for.
In this ground—
“agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act);
“contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996.”
New ground for possession for occupation by person who meets employment requirements
13
“Ground 5B
The landlord seeking possession—
- (a)
is a private registered provider of social housing,
- (b)
holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and
- (c)
requires the dwelling-house to let it under a new tenancy to a person who meets those requirements,
and the tenant in possession does not fulfil those requirements.”
Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession
14
(1)
Ground 16 in Part 2 of Schedule 2, together with the italic heading before it, moves to after Ground 5B (inserted by paragraph 13 of this Schedule) and becomes Ground 5C in Part 1 of that Schedule.
(2)
“The dwelling-house was let to the tenant in consequence of the tenant’s employment—
- (a)
by the landlord seeking possession,
- (b)
in the case of joint landlords seeking possession, by at least one of them,
- (c)
by a previous landlord under the tenancy, or
- (d)
pursuant to an agreement between any of those landlords and the employer,
and either—
- (a)
the tenant has ceased to be in that employment, or
- (b)
the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer.
In this ground, “the employer” means the tenant’s employer at the time the tenant entered the tenancy.”
(3)
“This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications.
“Employment” means service in the office of constable.
In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons—
- (a)
the chief officer of a police force;
- (b)
a policing body;
- (c)
in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)—
- (i)
the senior person, or
- (ii)
a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member.
The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)—
- “(a)
the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and—
- (i)
that purpose has been fulfilled, or
- (ii)
the tenancy is no longer required for that purpose.”
In those modifications—
- (a)
“service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable;
- (b)
“chief officer of a police force” means—
- (i)
a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
- (ii)
the chief constable of the Ministry of Defence Police,
- (iii)
the chief constable of the British Transport Police,
- (iv)
the chief constable of the Civil Nuclear Constabulary,
- (v)
the chief constable of the Police Service of Scotland, or
- (vi)
the chief constable of the Police Service of Northern Ireland;
- (c)
“policing body” means—
- (i)
a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act),
- (ii)
the Secretary of State in relation to the Ministry of Defence Police,
- (iii)
the British Transport Police Authority,
- (iv)
the Civil Nuclear Police Authority,
- (v)
the Scottish Police Authority, or
- (vi)
the Northern Ireland Policing Board.”
(4)
In the italic heading, for “16” substitute “5C”
.
New ground for possession for end of employment requirements
15
“Ground 5D
The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement.”
New ground for possession for occupation as supported accommodation
16
“Ground 5E
The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where—
- (a)
the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and
- (b)
the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision.”
New grounds for possession of dwelling-house occupied as supported accommodation
17
(1)
“Ground 5F
The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies—
- (a)
the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended;
- (b)
a person other than the landlord provides or provided support services to the tenant, but—
- (i)
the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and
- (ii)
where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so;
- (c)
where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant—
- (i)
that funding is no longer being provided,
- (ii)
where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and
- (iii)
it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances;
- (d)
the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so;
- (e)
the tenant does not need the level of support services that are provided;
- (f)
the tenant does not need any support services;
- (g)
the support services that are provided do not meet the tenant’s needs;
- (h)
the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant;
- (i)
the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in.
In paragraph (d), “supported accommodation project” means—
- (a)
supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other,
- (b)
supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or
- (c)
support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation.
In this ground, references to the “landlord” are to the landlord who is seeking possession.”
(2)
“Ground 18
The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services.”
New ground for possession for tenancy granted for homelessness duty
18
“Ground 5G
The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and—
- (a)
the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and
- (b)
the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a).
In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly.”
New ground for possession of stepping stone accommodation
19
“Ground 5H
The landlord seeking possession is a registered provider of social housing or a charity and—
- (a)
the tenancy was granted because the tenant met one or more eligibility conditions,
- (b)
a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met,
- (c)
either—
- (i)
the tenant no longer meets the specified condition or specified conditions, or
- (ii)
the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end,
- (d)
the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and
- (e)
the tenancy was not granted—
- (i)
pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
- (ii)
as a tenancy of supported accommodation, or
- (iii)
in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996.
Each of the following is an “eligibility condition” for the purposes of this ground—
- (a)
the tenant is in work, or work of a description specified in the condition, for which the tenant is paid;
- (b)
the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid;
- (c)
the tenant is—
- (i)
of a particular age, or
- (ii)
within a particular range of ages,
specified in the condition.
For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to—
- (a)
work for a particular employer or description of employer or work at a particular place of work or description of place of work;
- (b)
the amount which the tenant is paid for the work;
- (c)
the duration or expected duration of the contract or other arrangement under which the work is done.
In this ground a reference—
- (a)
to work includes self-employment;
- (b)
to seeking work includes seeking to become self-employed.
The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement.
But if—
- (a)
the terms of the tenancy agreement do not make any provision about that question,
- (b)
there are two or more specified conditions, and
- (c)
the tenant no longer meets one or more of those conditions,
the tenant no longer meets the specified conditions for the purposes of this ground.
The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)—
- (a)
to add, vary or remove any eligibility condition;
- (b)
about the meaning of any eligibility condition.
Eligibility condition regulations may make different provision for different purposes.
A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
Amendments of Ground 6: redevelopment
20
“These conditions are met—
- (a)
the general redevelopment conditions (in every case);
- (b)
the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy;
- (c)
the additional RSL condition, but only in a case where the landlord seeking possession is—
- (i)
a relevant social landlord, and
- (ii)
the person who intends to carry out the work mentioned in this ground.
The “general redevelopment conditions” are met if—
- (a)
the landlord seeking possession is mentioned in the first column in a row of the table in this ground;
- (b)
the tenancy is mentioned in the second column of that row;
- (c)
a person mentioned in the third column of that row intends to—
- (i)
demolish or reconstruct the whole or a substantial part of the dwelling-house, or
- (ii)
carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
- (d)
the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because—
- (i)
the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out,
- (ii)
the nature of the intended work is such that no such variation is practicable,
- (iii)
the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or
- (iv)
the nature of the intended work is such that such a tenancy is not practicable;
- (e)
either —
- (i)
the assured tenancy began at least 6 months before the relevant date, or
- (ii)
notice of a compulsory acquisition was given in respect of the dwelling-house where—
- (A)
the acquiring authority was the person who became the landlord who is seeking possession, and
- (B)
the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date;
- (f)
the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule.
The “landlord’s acquisition condition” is met if—
- (a)
the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or
- (b)
that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth.
The “additional RSL condition” is met in case A, case B or case C.
Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—
- (a)
it is let as a separate dwelling with adequate security of tenure;
- (b)
it is affordable;
- (c)
it is in an appropriate location;
- (d)
it is not overcrowded.
Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect—
- (a)
it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A;
- (b)
it is affordable;
- (c)
it is in an appropriate location;
- (d)
it is not overcrowded.
Case C: a case where—
- (a)
the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996,
- (b)
when the tenancy was granted, the landlord intended to—
- (i)
demolish or reconstruct the whole or a substantial part of the dwelling-house, or
- (ii)
carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part,
within a specific period, and
- (c)
the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement).
For the purpose of the additional RSL condition, accommodation—
- (a)
is let “with adequate security of tenure” if it is let—
- (i)
on an assured tenancy, or
- (ii)
on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;
- (b)
is “affordable” if it is—
- (i)
no more expensive than the dwelling-house of which possession is being sought, or
- (ii)
reasonably suitable to the means of the tenant;
- (c)
is “in an appropriate location” if it is—
- (i)
reasonably close to the dwelling-house of which possession is being sought, or
- (ii)
reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;
- (d)
is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.
Table
Landlord seeking possession
Tenancy
Landlord intending to redevelop
a relevant social landlord
any tenancy
- (a)
the landlord who is seeking possession
- (b)
a superior landlord
the unit-holder of a commonhold unit in relation to which a commonhold association exercises functions
a tenancy of a dwelling-house which is contained in or comprises the commonhold unit
- (a)
the landlord who is seeking possession
- (b)
the commonhold association
any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functions
any tenancy
the landlord who is seeking possession
In this ground—
“commonhold association”, “commonhold unit” and “unit-holder” have the meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act);
“relevant social landlord” means—
(a)
a non-profit registered provider of social housing,
(b)
a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996,
(c)
a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010,
(d)
a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or
(e)
where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing.”
New ground for possession of alternative accommodation provided during redevelopment
21
“Ground 6A
These conditions are met—
- (a)
the landlord seeking possession (the “current landlord”) is a relevant social landlord;
- (b)
the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which—
- (i)
was the only or principal home of the tenant or predecessor in title, and
- (ii)
was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was—
- (A)
a relevant social landlord, or
- (B)
a registered provider of social housing other than a private registered provider of social housing;
- (c)
alternative accommodation that—
- (i)
consists of the previous home and is affordable, or
- (ii)
consists of other premises and is affordable, in an appropriate location and not overcrowded,
is available for the tenant or will be available for the tenant when the order for possession takes effect;
- (d)
that alternative accommodation is to be let as a separate dwelling with adequate security of tenure.
For the purpose of this ground, accommodation—
- (a)
is let “with adequate security of tenure” if it is let—
- (i)
on an assured tenancy, or
- (ii)
on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy;
- (b)
is “affordable” if it—
- (i)
is no more expensive than the previous home, making these assumptions—
- (A)
that the redevelopment of the previous home has not taken place, and
- (B)
that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or
- (ii)
is reasonably suitable to the means of the tenant;
- (c)
is “in an appropriate location” if it is—
- (i)
reasonably close to the previous home, or
- (ii)
reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work;
- (d)
is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985.
In this Ground—
“redevelopment”, in relation to the dwelling-house that is the previous home, means—
(a)
demolishing or reconstructing the whole or a substantial part of the dwelling-house, or
(b)
carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part;
“relevant social landlord” has the same meaning as in Ground 6.”
New ground for possession to allow compliance with enforcement action
22
“Ground 6B
Any of the following applies—
- (a)
letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house;
- (b)
an improvement notice under section 11 or 12 of the Housing Act 2004—
- (i)
specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and
- (ii)
specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken;
- (c)
a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of—
- (i)
the dwelling-house,
- (ii)
the common parts, or
- (iii)
any part of the dwelling-house or of the common parts,
either for all purposes or for any purpose that is incompatible with continued occupation by the tenant;
- (d)
the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and—
- (i)
the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
- (ii)
the landlord held a licence but the licence has been revoked;
- (e)
the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and—
- (i)
the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or
- (ii)
the landlord held a licence but the licence has been revoked;
- (f)
the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence;
- (g)
compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant.
In this ground—
“common parts” has the same meaning as in Ground 13;
“house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act);
references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them;
“planning enforcement notice or injunction” means—
(a)
an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect,
(b)
a breach of condition notice served under section 187A of the TCPA 1990,
(c)
an injunction granted under section 187B of the TCPA 1990,
(d)
a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or
(e)
an injunction granted under section 44A of the P(LBCA)A 1990;
“P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990;
“TCPA 1990” means the Town and Country Planning Act 1990;
“the local housing authority” has the meaning given in section 261 of the Housing Act 2004.”
Amendments of Ground 7: death of tenant
23
In Ground 7—
(a)
in the first unnumbered paragraph for the words from “The tenancy” to “devolved” insert “The tenancy has devolved on a person (the “new tenant”)”
;
(b)
“But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless—
- (a)
the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or
- (b)
the tenancy is a special tenancy immediately before the death of the former tenant.
In this Ground “special tenancy” means—
- (a)
a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing;
- (b)
a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing;
- (c)
a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2;
- (d)
a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G);
- (e)
a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H.”
(c)
omit the third unnumbered paragraph.
Amendments of Ground 8: rent arrears
24
In Ground 8—
(a)
in paragraph (a), for “eight” substitute “thirteen”
;
(b)
in paragraph (b), for “two” substitute “three”
;
(c)
omit paragraphs (c) and (d);
(d)
“When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored.”
Power to amend Schedule 2 and new interpretation provisions
25
“Part 5Interpretation
12
(1)
In this Schedule—
“acquiring authority” means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative;
“HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act);
“housing association” has the meaning given by section 1 of the Housing Associations Act 1985;
“managed accommodation” means supported accommodation into which a tenant has been admitted in order to meet a need for care, support or supervision, in a case in which that care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord;
“relevant date”—
(a)
in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8;
(b)
otherwise, means the date specified in the notice under section 8
but see sub-paragraph (2) where the court exercises the power conferred by section 8(1)(b);;
“support services” in relation to a tenant in supported accommodation, means care, support or supervision—
(a)
which is provided by the landlord or a person acting on behalf of the landlord, or
(b)
which the tenant was admitted into the accommodation for the purpose of receiving;
“supported accommodation” means a dwelling-house let—
(a)
by—
- (i)
a housing association,
- (ii)
a private registered provider of social housing,
- (iii)
a registered charity, or
- (iv)
a voluntary organisation, and
(b)
to a tenant who receives care, support or supervision provided either—
- (i)
by the landlord or a person acting on behalf of the landlord, or
- (ii)
by someone else, if the tenant has been admitted into the accommodation in order to meet a need for care, support or supervision.
(2)
Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began.
(3)
For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition—
(a)
in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order—
(i)
publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or
(ii)
service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act;
(b)
in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act;
(c)
in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business.
(4)
“compulsory purchase order” means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act);
“special enactment” means—
(a)
a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or
(b)
a provision which—
- (i)
is contained in an Act other than a local or private Act, and
- (ii)
authorises the compulsory acquisition of land specifically identified in that Act.
Part 6Powers to amend certain grounds and definitions
13
(1)
The Secretary of State may by regulations amend this Schedule so as to—
(a)
amend Ground 2ZA to change the descriptions of the landlord who may use the ground;
(b)
amend Ground 2ZC to change the descriptions of previous landlord mentioned in it;
(c)
provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description;
(d)
amend Ground 5H to change the descriptions of landlord who may use the ground;
(e)
add other situations to the list in the first paragraph of Ground 6B in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph;
(f)
amend the definition of “special tenancy” in Ground 7;
(g)
amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12.
(2)
Regulations under this paragraph may—
(a)
make consequential, supplementary, incidental, transitional or saving provision;
(b)
make different provision for different purposes.
(3)
Regulations under this paragraph are to be made by statutory instrument.
(4)
A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”