Housing Management: Breach of tenancy/possession

Housing Management: Breach of tenancy/possession

Social landlords can bring possession proceedings against tenants for any breach of the tenancy agreement and under any of the grounds contained in Schedule 2 of the Housing Act 1985 for secure tenancies, or the Housing Act 1988 for assured tenancies.

Most common breaches of tenancy are associated with:

  • illegal sub-let/unlawful occupation
  • rent arrears
  • anti-social behaviour
  • squatters
  • succession
  • under occupation
  • closure orders

The Legal 500 - The Clients Guide to Law FirmsWe will always take a commercial approach, because we appreciate the issues that affect public funding. We maintain the legal knowledge, and balance the social pressures of registered providers. Possession should always be the last resort.

How we can help you

  • Expedited possession proceedings for all aspects of landlord and tenant law and housing management issues.
  • Multi-witness nuisance possession actions involving, serious allegations of racial and physical abuse, prostitution and 'crack-house closure orders'.
  • Anti-social behaviour and harassment including, mental health issues.

Work highlights

  • Successfully obtaining contested possession under mandatory Ground 6 Housing Act 1988 (Ground 6 is similar to one established in commercial leases - Landlord and Tenant Act 1954 - where recovery of possession is allowed where a landlord wishes to demolished or substantial reconstruct or redevelop the building.)
  • Advising a housing association on best practice in obtaining possession of premises housing a tenant with severe mental health issues. Clear and tailored advice ensured costs were estimated accurately, and that adverse publicity was avoided. Instead, the client was praised for setting a good example to other registered providers.