Landlord Advice UK Tenant Eviction Service For Landlords

Regulated Tenancy

If a tenancy started before 15 January 1989, the tenant could be a regulated tenant (also known as a protected tenant). These tenancies are governed by the Rent Act 1977 and grant tenants stronger rights than most other private tenants, such as assured shorthold tenants (ASTs). Evicting a regulated tenant requires strict adherence to the legal framework, including the use of discretionary or mandatory grounds for possession.

What is a Regulated Tenancy?

Regulated tenants benefit from:

• Security of tenure: They cannot be evicted unless the landlord obtains a court order.
• Fair rent protections: The rent is capped and registered with the Rent Officer, often lower than market rates.

Because of these protections, evicting a regulated tenant is more challenging than evicting tenants under ASTs.

Eviction Process for Regulated Tenants

Evicting a regulated tenant involves the following steps:

1. Identify the Grounds for Possession
   Decide whether to proceed using discretionary or mandatory grounds (explained below).

2. Serve a Valid Notice to Quit
   Landlords must serve a Notice to Quit, which:

   • Must be in writing.
   • Must contain prescribed information as required under the Rent Act 1977.
   • Must provide at least 28 days’ notice, unless a longer period is specified in the tenancy agreement.

3. Apply for a Court Order
   If the tenant does not vacate after the notice period, apply to the court for a possession order.

4. Court Hearing and Decision

   • For discretionary grounds, the court will decide if possession is reasonable.
   • For mandatory grounds, the court must grant possession if the ground is proven.

5. Enforce the Possession Order
   If the tenant does not leave voluntarily, you will need to enforce the order via a warrant for possession or a writ of possession.

Discretionary Grounds for Eviction

Discretionary grounds require the court to consider whether:

1. The ground is proven.
2. It is reasonable to grant possession.

Common Discretionary Grounds:

1. Rent Arrears

   • The tenant has failed to pay rent.
   • Case law: In Kings v Morehead [1984], the court emphasized that eviction due to arrears must be proportionate.

2. Breach of Tenancy Terms

   • The tenant has violated terms of the tenancy agreement.

3. Antisocial Behaviour

   • The tenant has engaged in behaviour causing a nuisance to neighbours or the community.

4. Damage to Property or Furniture

   • The tenant has caused significant damage to the property or any landlord-provided items.

5. Unauthorised Subletting

   • The tenant has sublet the entire property without the landlord’s consent.

6. Alternative Accommodation

   • Suitable alternative accommodation is available for the tenant, offering similar security of tenure.
   • Case law: In Dove v London Borough of Havering [1988], the court ruled that alternative accommodation must meet the tenant’s needs in terms of size, location, and affordability.

7. Landlord or Family Need

   • The landlord or a close family member needs the property for their own use (provided the tenancy began after the landlord acquired the property).

Outcome:

Even if the court grants a possession order, it can be suspended. This means the tenant can remain in the property as long as they comply with conditions set by the court (e.g., repaying rent arrears in instalments).

Mandatory Grounds for Eviction

Mandatory grounds require the court to grant possession if the landlord proves the ground applies. These grounds typically apply when tenants were informed in writing at the start of the tenancy that possession might be sought on such grounds.

Common Mandatory Grounds:

1. Landlord’s Former Residence

   • The landlord wants to return to live in the property and has previously lived there.

2. Retirement

   • The landlord is retiring and intends to live in the property.

3. Minister of Religion

   • The property is needed for a minister of religion to live in and carry out their duties.

4. Agricultural Worker Accommodation

   • The property is required for an agricultural worker (and the tenant is not one).

5. Armed Forces

   • The landlord is a member of the armed forces and intends to occupy the property upon discharge.

Outcome:

If the court is satisfied that the mandatory ground is proven, it must grant a possession order. Unlike discretionary grounds, reasonableness is not considered.

Notices and Legal Requirements

To evict a regulated tenant, the landlord must serve a Notice to Quit that meets specific requirements:

• Clarity: Clearly state the landlord’s intention to seek possession.
• Prescribed Information: Include the tenant’s rights and obligations under the Rent Act 1977.
• Notice Period: Provide a minimum of 28 days unless the tenancy agreement specifies otherwise.

Case Law on Regulated Tenant Evictions

1. Kings v Morehead [1984]
   The court stressed that eviction for rent arrears requires proportionality and consideration of the tenant’s ability to pay.

2. Dove v London Borough of Havering [1988]
   Alternative accommodation must meet the tenant’s needs to justify possession on this ground.

3. Hounslow LBC v Powell [2011] UKSC 8
   Reinforced the importance of proportionality in eviction cases, even when the landlord satisfies statutory grounds.

Challenges in Evicting Regulated Tenants

1. Tenant Protections
   Regulated tenants have significant legal protections, making eviction more difficult.

2. Burden of Proof
   For discretionary grounds, landlords must demonstrate both the ground and the reasonableness of possession.

3. Delays
   Court proceedings and enforcement can be time-consuming.

4. Suspended Orders
   Even when granted possession, the court may suspend the order, allowing tenants to remain in the property under conditions.