The grounds that housing associations can use to evict assured tenants are in two groups :
If your landlord is using a mandatory ground the court has no choice but to make a possession order if it is satisfied that the ground is proved. Examples of mandatory grounds include:
- serious rent arrears : you pay rent weekly, and you have more than eight weeks’ rent arrears, or if you pay rent monthly, you have more than two months’ rent arrears
If you are at risk of being evicted for rent arrears you may eligible for the Breathing space scheme which gives you time to get some specialist debt advice.
- serious anti-social behaviour : you (or people who live with you or visit you) have been convicted of a serious criminal offence, breached an anti-social behaviour injunction or criminal behaviour order or breached an order in respect of noise nuisance.
If your landlord is using a discretionary ground the court will only make a possession order if the ground is proven and it is reasonable to do so. Examples of discretionary grounds include:
- rent arrears or late payment of rent : you have some rent arrears or you are regularly late paying your rent
As above, you may be eligible for the Breathing space scheme
- breaking your tenancy agreement : you have broken a term of your tenancy agreement
- anti-social behaviour : you (or people who live with you or visit you) have caused a nuisance or annoyance in your home, or in the neighbourhood or used your home for illegal or immoral activities (eg drug dealing)
- condition of your home : you have allowed the condition of the property to deteriorate or have damaged your home or any furniture provided with it
- adapted property : your home was designed or adapted for a person with special needs, and the people in your household no longer need those special facilities.