When is it reasonable to make a possession order? asks James Driscoll
In order to recover possession against a tenant with security of tenure, it is a fundamental principle that the ground for possession must be proved and also, crucially, that it is reasonable to make an order. This was established by the Rent Acts and continued by later housing legislation.
Under the Rent Act 1977 (RA 1977), a landlord can only recover possession against a tenant if the tenant is provided with suitable alternative accommodation, or if one of what are sometimes described as the discretionary grounds for possession set out in RA 1977, Sch 15, such as rent arrears, is proved.
In either case it must be reasonable to make an order for possession. There are also a number of mandatory grounds where possession must be ordered if the relevant ground is made out (Sch 15, Pt 2).
Similarly, under the Housing Act 1985 (HA 1985) a court can only order possession against a secure tenant where a specific ground for possession has been proved and it is reasonable
