Eviction Private Tenants

Possession on a no-fault basis

Private Landlords can seek possession of an assured short-hold tenancy on a no-fault basis with two months' notice which can not take effect before:

• the end of six months into the tenancy; or
• the end of any agreed fixed term if longer.

The advantage of this is that, if there is a written agreement for the tenancy, the landlord can use an accelerated procedure to gain possession which does not require a court hearing.

Possession under ground 14, schedule 2, Housing Act 1988

Alternatively, the landlord can seek possession under ground 14 of schedule 2 to the Housing Act 1988. This is that the tenant or a person residing in or visiting the dwelling house:

• has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality; or
• has been convicted of:
  • using the dwelling/house or allowing it to be used for immoral or illegal purposes; or
  • an indictable offence committed in or in the locality of the dwelling/house.

The landlord can serve notice and immediately start possession proceedings. This ground can be used at any time during the tenancy. However, it is a discretionary ground, so not only must the landlord be able to prove it, but the court must be satisfied that it would be reasonable to award possession based on it.

Further Information

You can obtain further information from the following:

ASB Unit, Blyth Valley Housing, Dinsdale House, 75 Marine Terrace, Blyth NE24 2LN.

Telephone: ASB Unit Hotline 01670 542060

RNID Typetalk service prefix number 18001

EMail: Anti-Social Behaviour Unit