REGISTERED CHARITY NUMBER 222377 (ENGLAND AND WALES)
Housing Law: Supporting
tenants with a disability
Mencap WISE Student
Advice Project
This tool kit was prepared by students from the School of
Law & Politics at Cardiff University, with supervision from
Rob Ryder (Solicitor, non-practising), and assistance from
Jason Tucker (Reader) and David Dixon (Senior Lecturer).
.
Table of Contents
Introduction ......................................................................................................... 4
I. Part 1 – The main types of tenancy ........................................................... 6
What is a tenancy?.......................................................................................................................................... 6
What is security of tenure? .......................................................................................................................... 6
Types of tenancy .............................................................................................................................................. 7
(1) Secure tenancy ...................................................................................................................................................... 8
(2) Assured tenancy .................................................................................................................................................. 10
(3) Assured shorthold tenancy .............................................................................................................................. 11
(4) Introductory tenancy ........................................................................................................................................... 12
(5) Demoted tenancy ................................................................................................................................................ 13
Glossary of key terms used in Part 1 ..................................................................................................... 14
II. Part 2 – Possession proceedings ............................................................ 16
Grounds for Possession .............................................................................................................................. 16
(1) Discretionary grounds and reasonableness ............................................................................................. 17
(2) Grounds for possession – secure tenancy ............................................................................................... 18
(3) Grounds for possession – assured tenancy ............................................................................................. 20
(4) Grounds for possession – assured shorthold tenancy ........................................................................ 23
(5) Grounds for possession – introductory and demoted
tenancies ............................................................................................................................................................................... 23
Possession Notices....................................................................................................................................... 24
(1) Notice requirements for secure and assured
tenancies ............................................................................................................................................................................... 24
(2) Notice requirements for assured shorthold tenancies ......................................................................... 24
(3) Notice requirements for introductory and demoted
tenancies ............................................................................................................................................................................... 26
(4) Rent arrears and social housing ................................................................................................................... 27
Defences to Possession Claims .............................................................................................................. 29
(1) Defective possession notice ........................................................................................................................... 29
(2) Landlord’s failure to establish grounds for possession........................................................................ 30
(3) Reasonableness .................................................................................................................................................. 30
(4) Discrimination ........................................................................................................................................................ 30
(5) Public law defences ............................................................................................................................................ 37
(6) Human Rights Act defences ........................................................................................................................... 39
(7) Claims against travellers .................................................................................................................................. 41
Alternatives to litigation ............................................................................................................................... 42
(1) Complaint about a local authority or other social
landlord .................................................................................................................................................................................. 42
(2) Complaint about a private landlord .............................................................................................................. 43
(3) The Public Services Ombudsman for Wales ........................................................................................... 43
(4) Mediation ................................................................................................................................................................. 43
Obtaining legal advice ................................................................................................................................. 44
Going to court .................................................................................................................................................. 44
Supporting a tenant threatened by eviction – a
checklist ............................................................................................................................................................. 46
III. Part 3 – Repairs and improvements ........................................................ 48
Repairs ............................................................................................................................................................... 48
(1) Private landlords .................................................................................................................................................. 48
(2) Social landlords .................................................................................................................................................... 50
Improvements ................................................................................................................................................. 51
(1) Compensation for improvements .................................................................................................................. 52
(2) Planning permission and building regulations approval ...................................................................... 54
The duty to make ‘reasonable adjustments’ ....................................................................................... 54
(1) Who is under a duty to make reasonable
adjustments? ....................................................................................................................................................................... 54
(2) What are the key obligations placed on landlords? .............................................................................. 54
(3) When does the duty to make reasonable adjustments
arise? 55
(4) Who bears the costs of a reasonable adjustment? ............................................................................... 56
(5) Disability Adaptations ........................................................................................................................................ 56
(6) Disabled Facilities Grants ................................................................................................................................ 58
IV. Part 4 – Additional resources ................................................................... 62
Citizens Advice (Wales) .............................................................................................................................. 62
Disability Rights UK ...................................................................................................................................... 62
Equality and Human Rights Commission ............................................................................................ 62
Westminster Government ........................................................................................................................... 62
Shelter Cymru ................................................................................................................................................. 62
V. Future Changes ......................................................................................... 63
Notice of Seeking Possession – Secure Tenancy
(Periodic) ........................................................................................................................................................... 64
Notice of Seeking Possession – Secure Tenancy
(Fixed-term) ...................................................................................................................................................... 67
Appendix 2 ........................................................................................................................................................ 70
Notice of Seeking Possession – Assured Tenancy ......................................................................... 70
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 4
Introduction
The law relating to rented property is covered by a wide range of statutes,
regulations and case law. Many aspects of the law are difficult to
understand. As a result of this complexity, disputes frequently arise
between landlords and tenants. This tool kit aims to simplify and explain
two important features of the legal framework:
a landlord’s right to evict a tenant; and
the respective rights and responsibilities of a landlord and tenant
regarding repairs and improvements to rented property.
This tool kit has been prepared as part of the Mencap WISE project, funded
by the Welsh Government. Therefore, it focuses on the law and procedure
applicable in Wales. As well as providing general information about the law
relating to rental property, the tool kit aims to assist people acting as
learning disability advocates (be that parent, carer, volunteer or
professional), and so particular consideration is given to the law relating to
tenants who have a disability.
The tool kit is divided into four parts:
Part 1 – The main types of tenancy – explains the legal requirements and
key characteristics of the five types of tenancy agreement featured in the
tool kit. There are many different types of tenancies, and it is beyond the
scope of the tool kit to consider all of them. Instead, the types of
agreement included are those that are most common in the social housing
and private rental sectors.
Part 2 – Possession proceedings – explains the main procedural
requirements relating to possession claims, and the defences that may be
used by a tenant when faced with the threat of eviction. It includes some
guidance regarding the relatively new defences to possession claims,
which rely on public law principles, human rights and disability
discrimination law. Part 2 also includes some practical guidance about the
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 5
steps that can be taken by a tenant (or someone acting on the tenant’s
behalf) in response to a threat of eviction.
Part 3 – Repairs and improvements – explains the respective rights and
obligations of landlords and tenants to repair and make improvements to a
rented property, and includes some guidance on grants and compensation
that may be available to a tenant to cover the cost of any works needed.
Part 4 – Additional resources – contains a list of ‘additional resources’,
including links to various organisations that publish online guidance on a
range of topics linked to the matters covered in the tool kit.
The tool kit includes hyperlinks to key online resources. Wherever a
reference is underlined in the text, it indicates that it is a hyperlink, which
will take you to the relevant external resource.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 6
Part 1 – The main types of tenancy
Understanding what type of tenancy the person you are supporting has is
very important, as different types of tenancy provide different levels of
protection for tenants. This Section will explain the key features of the five
types of tenancy that are most common in the social housing and private
rental sectors. In addition, you may find it useful to refer to Shelter's online
'tenancy rights checker', which asks a series of questions to help establish
what type of tenancy a person has.
What is a tenancy?
A tenancy is a legal contract between a tenant and a landlord. It may be
written or oral. The tenancy sets out the terms and conditions for living in
the property, as well as the obligations of the landlord and tenant.
If the tenant you are supporting has not been given a copy of their
tenancy agreement, it is advisable to ask the landlord to provide one.
This will ensure that the tenant is fully aware of the terms and conditions,
and his/her rights within the tenancy agreement.
What is security of tenure?
Put simply, this is a tenant’s right to remain in the property and the
restrictions imposed by the law on the landlord’s ability to evict the tenant.
The degree of security of tenure enjoyed by tenants depends on the type of
tenancy.
Tenancies can either be granted for a fixed-term or can be periodic. A
fixed-term tenancy is granted for a set period and expires on a fixed date.
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A periodic tenancy does not have an end date and runs from week to week,
or month to month, depending on how the rent is calculated.
Even when the tenancy is for a fixed-term, the landlord is not automatically
entitled to possession of the property when the fixed-term expires. Once
the term expires, the tenant becomes a statutory periodic tenant. What
this means is that, when the fixed-term tenancy expires, the law deems the
tenant to have been granted a periodic tenancy on the expiry of their fixed-
term tenancy. As a result the tenant continues to have security of tenure,
and can only be evicted if the landlord obtains an order for possession from
the court.
Jane has a five year fixed-term tenancy, and her rent is calculated on a
monthly basis.
At the end of the five year term the fixed-term tenancy will cease, and
Jane will be treated as a monthly statutory periodic tenant. This means
that she will still have security of tenure, and can only be evicted if the
landlord obtains an order for possession from the court.
Types of tenancy
There are many types of tenancy. However, this tool kit will focus on the
most common tenancy agreements. Table 1 summarises the key
information relating to the tenancy agreements considered.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 8
Table 1: The main types of tenancy agreement.
Tenancy
Type of Landlord
Statute
Secure
Tenancies granted by Local Authorities; and
Tenancies granted by Housing Associations
before 15 January 1989.
Housing Act 1985
Assured
Tenancies granted by, for example a Housing
Association, from 15 January 1989.
Housing Act 1988
Assured Shorthold
Tenancies principally granted by private
landlords from 15 January 1989.
Housing Act 1988
Introductory
Tenancies granted by Local Authorities to
new tenants, on a probationary or trial basis,
usually for a period of 12 months.
Housing Act 1996
Demoted
Secure or assured tenancies may be
‘demoted’ by the court on the application of a
social landlord in the case of anti-social
behaviour by the tenant.
Anti-Social Behaviour
Act 2003
[amending Housing Act
1988 (for assured
tenancies) & Housing Act
1996 (for secure
tenancies)]
(1) Secure tenancy
Secure tenancies are most commonly granted by Local Authorities.
Tenancies granted by Housing Associations before 1989 are also secure
tenancies.
A secure tenant will have the right to stay in the accommodation for the rest
of the tenant’s life, provided that the tenant complies with the tenancy
agreement. Secure tenancies can only be ended by a court order. A court
order will only be made if one or more of the statutory grounds (reasons) is
established by the landlord.
Part IV Housing Act 1985 sets out the conditions for creating secure
tenancies. The conditions are:
the property is a dwelling house;
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the landlord is a prescribed social landlord;
the tenant is an individual;
the tenant occupies the property as his/her only, or principal, home;
the property is let as a separate dwelling; and
the tenancy is not in an excluded category under Schedule 1Housing
Act 1985 (which excludes specific types of tenancy such as fixed
term leases over 21 years and student accommodation).
Social housing is accommodation that is provided at an affordable rent.
Unlike private rental accommodation it is allocated on the basis of need.
Social housing is provided by social landlords, with the main categories
of social landlord being: local authorities, housing associations and not
for profit companies.
In Wales, social landlords (other than local authorities) have to be
registered on the register of social landlords and must manage their
accommodation in line with standards set out by the Welsh Government.
This includes having an efficient repairs and maintenance service that
responds to tenants’ needs.
A private individual cannot be a social landlord, and this means that a
secure tenancy cannot be granted by a private landlord.
The most important feature of a secure tenancy is the security of tenure
that it gives the tenant, as s82 Housing Act 1985 provides that a secure
tenancy can only be ended, by a landlord, if the landlord obtains a
possession order from the court. A possession order can only be made if
one of the grounds under s84 Housing Act 1985 is established (and the
grounds are discussed in Grounds for Possession - (2) secure tenancy).
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In addition, a secure tenant has the right to pass the tenancy to his/her
partner, or to a family member, upon the tenant’s death (this is sometimes
referred to as the ‘right to succession’).
The third protection which secure tenants have is that they can enforce
their rights without worrying about being evicted, including the rights to:
have certain repairs carried out by the landlord;
carry out certain repairs and to do improvements themselves;
sublet part of the tenant’s home with the landlord’s permission;
take in lodgers without the landlord’s permission;
exchange the tenant’s home with certain other social housing
tenants;
vote to transfer to another landlord (if the landlord is a local authority);
be kept informed about matters relating to the tenant’s tenancy;
buy the home.
Additionally, secure tenants have the right not to be treated unfairly by the
landlord because of disability, gender reassignment, pregnancy and
maternity, race, religion or belief, sex or sexuality.
(2) Assured tenancy
Assured tenancies are generally those offered by housing associations
from 15 January 1989, following the enactment of the Housing Act 1988.
This type of tenancy is similar to a secure tenancy, but assured tenants do
not enjoy a ‘right to buy’, although they may have a ‘right to acquire’ the
property. In addition, the grounds for possession are different.
Section 1 Housing Act 1988 sets out the conditions for creating assured
tenancies. The conditions are as follows:
the tenancy must be of a dwelling house “let as a separate dwelling”;
the tenant must be an individual, and if there are joint tenants all must
be individuals;
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the tenant (or tenants if they occupy the property jointly) must occupy
the property as his/her only, or principal, home; and
the tenancy is not in an excluded category under Schedule 1Housing
Act 1988 (which excludes specific types of tenancy such as fixed
term leases over 21 years and student accommodation).
The protection that an assured tenant has is very similar to that enjoyed by
a secure tenant, with the most important feature being the tenant’s long-
term security of tenure. Under s5 Housing Act 1988, an assured tenancy
can only be ended by the landlord, if the landlord obtains a possession
order from the court. A possession order can only be made if one of the
grounds under Sch 2 Housing Act 1988 is established (and the grounds
are discussed in Grounds for Possession - (3) assured tenancy).
In addition, assured tenants have the right to enforce their rights under the
tenancy agreement without worrying about getting evicted. As well as the
right to stay in the home, so long as the tenant keeps to the terms of the
tenancy, the tenant will also have the right to:
have the accommodation kept in a reasonable state of repair; and
carry out minor repairs themselves and to receive payment for these
from the landlord.
As with secure tenants, assured tenants have the right to pass the tenancy
to his/her partner (or to a family member) upon the tenant’s death, and the
right not to be treated unfairly by the landlord because of disability, gender
reassignment, pregnancy and maternity, race, religion or belief, sex or
sexuality.
(3) Assured shorthold tenancy
Assured shorthold tenancies are the most common type of tenancy
agreement, and are generally granted by private landlords. They are
normally arranged for a six-month period, but can be agreed for longer (e.g.
twelve months).
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 12
An assured shorthold tenancy is a type of assured tenancy. Therefore, the
conditions for creating assured shorthold tenancies are the same as for
assured tenancies (see (2) Assured tenancy above). However, from 28
th
February 1997, any new assured tenancy will automatically be an assured
shorthold tenancy unless it is expressly stated not to be one.
Assured shorthold tenancies are usually granted for an initial period of six
months. When this period has elapsed, unless a new tenancy is granted,
the assured shorthold tenant has no substantive security of tenure (and
becomes a statutory periodic assured shorthold tenant). This means
that the landlord does not require a ground or reason to evict the tenant, as
the landlord is entitled to possession as of right. However, the landlord is
required to serve a notice on the tenant seeking possession of the property,
and if the tenant refuses to leave the landlord will have to apply for a
possession order from the court.
(4) Introductory tenancy
Local authorities can adopt a scheme in which all new tenancies, which
would otherwise be secure tenancies, are granted on an introductory basis
for a probationary period of one year.
Section 125 Housing Act 1996 states that a tenancy will remain an
introductory tenancy until one year has passed unless:
Circumstances change and the tenancy would no longer qualify as a
secure tenancy (e.g. the tenant no longer lives in the dwelling house
as his/her only or principal home).
The local authority ceases to be the landlord.
The local authority revokes its introductory tenancy scheme.
The tenant dies and there is no one entitled to succeed.
The period of the introductory tenancy is extended by the local
authority.
The local authority starts a claim for possession.
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During the probationary period, the introductory tenant does not have
security of tenure, and this means that the local authority can more easily
evict the tenant (e.g. in the event of anti-social behaviour). At the end of
the probationary period the introductory tenancy automatically becomes a
secure tenancy (see (1) Secure tenancy above).
(5) Demoted tenancy
Certain social landlords, including local authorities, have the right to apply
to the court for an order demoting a secure tenancy or an assured tenancy.
Demotion is often sought as an alternative to possession in the event of
anti-social behaviour by the tenant (such as noise nuisance).
If a demotion order is made in relation to a secure tenancy, it brings the
secure tenancy to an end and replaces it with a demoted tenancy (non-
assured). After twelve months a demoted tenancy will revert to being a
secure tenancy unless, during the twelve month period, the landlord applies
for possession (s143B Housing Act 1996). However, if the tenant
commits a further act of anti-social behaviour, within the twelve month
period, the landlord can serve a notice seeking possession and apply to the
court for the tenancy to be terminated.
If a demotion order is made in respect of an assured tenancy, it brings the
assured tenancy to an end and replaces it with a demoted assured
shorthold tenancy. As with a demoted tenancy, the demoted assured
shorthold tenancy reverts to being an assured tenancy after twelve months
unless the landlord applies for a possession order.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 14
Glossary of key terms used in Part 1
Housing law involves a number of difficult legal concepts, and the key
terms are summarised below for ease of reference:
Term used
Meaning
assured shorthold
tenancy
This is a type of assured tenancy. Most commonly it relates to a
tenancy of a private dwelling house entered into with a private
landlord since 28/2/97.
assured tenancy
A tenancy of a dwelling house begun on or after 15/1/89 and which
is protected by Housing Act 1988. The tenant has greater security
of tenure than an assured shorthold tenant.
demoted assured
shorthold tenancy
The type of tenancy that comes into being when a demotion order
is made in relation to an assured tenancy. The tenancy will last for
12 months (unless a possession order is made in the meantime)
after which time the tenancy will revert to being fully assured.
demotion order
An order which a social landlord may obtain as an alternative to
possession, if the tenant has been guilty of antisocial behaviour. It
removes the tenant’s security of tenure for 12 months (unless a
possession order is made in the meantime).
demoted tenancy
(non-assured)
The type of tenancy that comes into being when a demotion order
is made in relation to a secure tenancy. The tenancy will last for 12
months (unless a possession order is made in the meantime) after
which time the tenancy will become secure.
fixed term tenancy
A fixed term tenancy states the length of time that the parties agree
the tenant may stay in the property (e.g. 6 months, or a year).
introductory tenancies
These are probationary tenancies that local authorities have been
able to offer new tenants since 12/2/97. They last for 12 months,
when they automatically convert into secure tenancies. However,
in the meantime, the tenant has very little security of tenure and
can be quickly evicted by court order obtained by the local
authority.
periodic tenancy
Unlike fixed term tenancies, periodic tenancies do not specify the
term for which the tenant is entitled to inhabit the dwelling. A
periodic tenant may continue to live in the property as long as s/he
pays rent, which, according to the tenancy, may be paid either
weekly, fortnightly, monthly, quarterly or annually.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 15
secure tenancy
A tenancy of a dwelling house let by a local authority to an
individual for use as his/her only or principal home. It may be
preceded by an introductory tenancy.
security of tenure
Legal protection given to certain categories of occupier of
residential property by which the landlord must obtain a court order
to recover possession of the accommodation.
tenancy
The legal contract between a tenant and a landlord. It may be
written or oral. The tenancy sets out the terms and conditions for
living in the property, as well as the obligations of the landlord and
tenant. This term tenancy is synonymous with the word “lease”,
though it is usually used to refer to short term occupation.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 16
Part 2 – Possession proceedings
There are a number of procedural requirements that must be complied with
before a landlord can evict a tenant. First, the landlord usually requires
grounds for possession. Second, the landlord must serve the tenant with
a possession notice confirming the landlord’s intention to seek a
possession order from the court. This Section will explain the various
grounds for possession available to landlords, and the information which
must be provided in a possession notice.
Even if the landlord complies with all of the necessary procedural
requirements, it is still possible for a tenant to defend possession
proceedings, and this Section will also discuss some of the key defences
available and where a tenant may be able to obtain advice about
possession proceedings.
Grounds for Possession
The grounds for possession differ depending on the type of tenancy. What
follows is a summary of each of the grounds. However, some of them are
not straightforward in their requirements, and advice from a solicitor may be
needed to establish whether all of the requirements have been complied
with.
Some of the grounds are mandatory, which means that the court must
order possession if the ground applies. Other grounds are discretionary,
which means that the court may grant a possession order, but only if the
court thinks that it is reasonable to grant an order. In some cases the court
can only issue a possession order if the landlord is able to provide suitable
alternative accommodation. The accommodation must be suitable for the
tenant’s specific needs, and so must be of the size and type that the tenant
requires, and the court must take into account the rent and security of
tenure. However, it does not have to be of the same standard as the
tenant’s present accommodation.
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If a tenant has a disability, and the disability relates to the application for
possession, then the possession proceeding may be considered
discriminatory under the Equality Act 2010 (see (4) Discrimination).
(1) Discretionary grounds and reasonableness
If a landlord is seeking possession under a discretionary ground, the
landlord will have to establish both that the ground is proved and that it is
reasonable for the court to grant an order, before a possession order is
made.
The court will consider all of the facts of the individual case when deciding
whether it is reasonable to make a possession order, including:
the financial positions of the parties;
the length of time the tenant has lived in the property;
the tenant’s previous conduct;
the health of the parties, including whether any of the parties has a
disability;
the age of the parties;
the interests of the wider public (which is particularly relevant in cases
involving anti-social behaviour).
Where the basis of the application is rent arrears, it is unusual for the court
to grant a possession order unless the arrears are substantial. Similarly, if
the tenant is in receipt of welfare benefits, and there has been a delay in
the benefits claim being processed, the court is likely to treat the tenant
sympathetically. However, where the tenant has a history of failing to pay
the rent, it is more likely that the court will conclude that it is reasonable to
make the possession order.
Where the basis of the application is breach of an obligation of the
tenancy, the court will look at the seriousness of the breach. If the breach
was trivial, and did not result in any significant loss to the landlord, then it is
unlikely that the court would find it reasonable to make a possession order.
Similarly, if the breach was committed innocently, and the tenant did not
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 18
realise that their actions amounted to a breach, the court is again unlikely
to find it reasonable to make a possession order. Even when a tenant
admits a breach, it is not inevitable that a possession order will be made as
the court may accept an undertaking from the tenant, which is a promise
to the court not to commit further breaches. Similarly, the court has power
to make a possession order but then suspend it on condition that the tenant
does not commit any further breach.
(2) Grounds for possession – secure tenancy
There are eighteen different grounds for possession where a tenant is a
secure tenant, and the grounds are summarised in Table 2. It should be
remembered that in most cases relating to secure tenancies, the landlord
will be a local authority.
Table 2: Grounds for possession – secure tenancy.
Ground
Description
(1) Rent arrears or other breach
of the tenancy agreement
Rent has not been paid by the tenant, or an
obligation of the tenancy has been broken or not
performed.
(2) Nuisance or annoyance or
criminal activity
The tenant (or a person living with the tenant) has
been causing a nuisance or annoyance to
neighbours, or other people living in or visiting the
area, or a serious criminal offence has been
committed by the tenant in the property or the local
area.
(2A) Domestic violence
Where the home is occupied by a married couple, or
civil partners, or co-habitees and one has left the
property because of violence, or threats of violence,
against them by the other and is not going to return.
(3) Deterioration in condition of
the property
The tenant has damaged or neglected the property or
common areas.
(4) Deterioration in the furniture
The tenant has damaged or neglected the furniture
in the property.
(5) Tenancy obtained by
deception
False information was given by the tenant prior to the
grant of the tenancy, in order to obtain the tenancy.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 19
(6) Payment of premium
Where the tenant exchanged their property with
another local authority tenant and money was paid
for the exchange.
(7) Non-housing accommodation
The accommodation must form part of a property,
which is used mainly for purposes other than
housing, and the accommodation must be let to the
tenant as part of their employment. The tenant (or a
person living with the tenant) must also act in a way
that conflicts with the purpose for which the property
is used, so that it is no longer suitable for the tenant
to continue to live in the accommodation. For
example, the tenant is a school caretaker and lives
in accommodation in the grounds of the school, and
then steals from the school.
(8) Temporary accommodation
The tenant moves into alternative premises as works
are being undertaken at their usual accommodation,
and on completion of the works the tenant refuses to
return to the original property.
(9) Overcrowding
The tenant is living in an overcrowded property
which breaks the law.
(10) Landlord’s works
The landlord intends to demolish, reconstruct or
carry out substantial work to the property in which
the tenant lives, or land around it, and cannot do this
whilst the tenant remains in the property.
(10A) Landlord seeking to sell the
property
The property is in an area, which forms part of a re-
development scheme, and the property is affected by
the scheme.
(11) Charitable landlords
The landlord is a charity and, if the tenant carried on
living at the property, this would be contrary to the
objects of the charity.
(12) Tied accommodation
As with Ground 7, the accommodation must form part
of a property, which is used mainly for purposes other
than housing, and the accommodation must be let to
the tenant as part of their employment. Here the
landlord is able to gain possession if the employment
has come to an end and the landlord needs the
accommodation for a new employee.
(13) Accommodation for the
disabled
The property is specially adapted for a physically
disabled person. The tenant does not have a
disability, and the landlord needs the property for
another disabled person.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 20
(14) Special needs
accommodation provided by
Housing Associations and Trusts
The property is reserved for a resident with special
needs and the current occupant does not have those
needs.
(15) Special needs
accommodation
The property is reserved for a resident with special
needs and social services support is provided within
close proximity. The current tenant does not have
those needs, and the landlord requires the property
for another person who does.
(16) Under occupation
The tenant has ‘succeeded’ to the tenancy on the
death of the original tenant, and the property is
considered too large for the current household.
Where a landlord is seeking a possession order in respect of a secure
tenancy, the approach the court will take will depend upon the grounds for
possession:
If Grounds 1 to 8 are relied upon, the court may order possession if it
is reasonable to do so.
If Grounds 9 to 11 are relied upon, the court may order possession if
suitable alternative accommodation is available.
If Grounds 12 to 16 are relied upon, the court may order possession if
it is reasonable to do so and suitable alternative accommodation is
available.
(3) Grounds for possession – assured tenancy
As with secure tenancies, there are eighteen different grounds for
possession where a tenant is an assured tenant. Whilst some grounds are
similar, they are not identical, and the grounds in respect of assured
tenancies are summarised in Table 3.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 21
Table 3: Grounds for possession – assured tenancy.
Ground
Description
(1) Owner-occupiers
The landlord previously lived in the property and now
requires it for own use. (The landlord must have
given notice to the tenant, before granting the
tenancy, that possession might be required on this
ground.)
(2) Mortgagees
Ground 1 must apply and the property must also be
subject to a mortgage (granted before the beginning
of the tenancy) and the lender is repossessing the
property.
(3) Tenancy preceded by ‘holiday
let’
The tenancy is a fixed term tenancy of less than 8
months, and was preceded by a letting for holiday
purposes. (The landlord must have given notice to
the tenant, before granting the tenancy, that
possession might be required on this ground.)
(4) Educational institutions
The tenancy is a fixed term tenancy of less than 12
months, and was previously let to a specified
educational institution. (The landlord must have given
notice to the tenant, before granting the tenancy, that
possession might be required on this ground.)
(5) Minister of religion
The property is held for religious purposes and a
minister of religion requires it. (The landlord must
have given notice to the tenant, before granting the
tenancy, that possession might be required on this
ground.)
(6) Demolition or reconstruction
The landlord intends to demolish, or carry out
substantial work to the property, and the intended
work cannot reasonably be carried out without the
tenant giving up possession.
(7) Death of the tenant
The tenancy is a periodic tenancy (including a
statutory periodic tenancy) which has passed under
a Will or intestacy to a relative of the former tenant.
The landlord may obtain possession if proceedings
are brought within 12 months of the death of the
tenant, or the date when the landlord became aware
of the death.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 22
(8) Eight weeks’ or two months’
rent arrears
The tenant is at least 8 weeks in arrears (if paying
weekly/fortnightly), or at least 2 months in arrears (if
paying monthly), or 3 months in arrears (if paying
quarterly or annually). (The arrears must be due
both at the date the landlord serves notice and at the
date of the court hearing.)
(9) Suitable alternative
accommodation
Suitable alternative accommodation is available for
the tenant, or will be available when the order for
possession takes effect.
(10) Rent arrears
Some rent is due from the tenant (at the date of the
notice or court proceedings).
(11) Persistent delay in paying
rent.
The tenant persistently delays paying rent.
(12) Breach of any obligation
A condition of the tenancy, other than one relating to
the payment of rent, has been broken.
(13) Waste or neglect
The tenant has damaged or neglected the property
or any of its common areas.
(14) Nuisance or annoyance or
criminal conviction
The tenant (or a person living with the tenant) has
been causing a nuisance or annoyance to
neighbours, or other people living in or visiting the
area, or a serious criminal offence has been
committed by the tenant in the property or the local
area.
(14A) Violence to occupier
Where the home is occupied by a married couple, or
civil partners, or co-habitees and one has left the
property because of violence or threats of violence
against them by the other and is not going to return.
(This ground can only be used by registered
providers of social housing or charitable trusts, and
cannot be used by private landlords.)
(15) Deterioration of furniture
The condition of any furniture provided for use under
the tenancy has, in the opinion of the court,
deteriorated owing to neglect by the tenant.
(16) Premises let to employees
The property was let to the tenant in consequence of
employment, and the tenant has now left that
employment
.
(17) Tenancy induced by false
statement
False information was given by the tenant to acquire
the tenancy.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 23
Where a landlord is seeking a possession order in respect of an assured
tenancy, the approach the court will take will depend upon the grounds for
possession:
If Grounds 1 to 8 are relied upon, the court must order possession if it
is satisfied that the ground is established.
If Grounds 9 to 17 are relied upon, the court may order possession if
it is reasonable to do so.
(4) Grounds for possession – assured shorthold tenancy
Assured shorthold tenancies are usually granted for a period of six months.
When this period has elapsed, unless a new tenancy is granted, the
assured shorthold tenant has no substantive security of tenure (and
becomes a statutory periodic assured shorthold tenant). This means that
the landlord does not require a ground or reason to evict the tenant as the
landlord is entitled to possession as of right. However, the landlord is
required to serve a notice on the tenant seeking possession of the property,
and if the tenant refuses to leave the landlord will have to apply for a
possession order from the court.
If the landlord wishes to bring an assured shorthold tenancy to an end
during the initial period of the tenancy, an application must be made to the
court for a possession order, and the landlord will have to establish one of
the grounds for possession for assured tenancies (see (3) Grounds for
possession – assured tenancy).
(5) Grounds for possession – introductory and demoted tenancies
There are no statutory grounds for possession in respect of these types of
tenancy. However, before a landlord can evict an introductory or demoted
tenant, notice has to be given to the tenant and a possession order
obtained from the court. The landlord must have a valid reason for seeking
possession, and the most common reasons are rent arrears or anti-social
behaviour by the tenant.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 24
Possession Notices
Before court proceedings can be commenced to evict a tenant, a landlord
is usually required to send the tenant a possession notice stating his
intention to seek an order for possession. The type of notice required
depends on the type of tenancy.
(1) Notice requirements for secure and assured tenancies
The requirements are set out in s83 Housing Act 1985 (secure tenancy)
and s8 Housing Act 1988 (assured tenancy). The notice must:
specify one or more of the statutory grounds;
give an explanation of why each ground is being relied on; and
state the earliest date on which the claim can be commenced.
If the notice is completed incorrectly, and the prescribed information is
omitted, the notice will be invalid. However, where there are only minor
errors or inaccuracies in the notice, or the notice is “substantially to the
same effect” as a properly drafted notice, the court will still usually accept it.
Examples of the prescribed notices seeking possession for secure and
assured tenancies are set out in Appendix 1 and Appendix 2.
The notice period in the case of a secure tenancy is at least 28 days,
except where the nuisance ground is relied upon. If the nuisance ground is
relied upon, the landlord is entitled to commence proceedings immediately.
The notice period in the case of an assured tenancy is either two weeks or
two months. However, where the nuisance ground is relied on then the
landlord is again entitled to commence proceedings immediately.
(2) Notice requirements for assured shorthold tenancies
The requirements are set out in s8 and s21 Housing Act 1988. Assured
shorthold tenancies are always made for a fixed-term (usually 6 months),
and the landlord is entitled to an order for possession as of right once the
fixed-term has expired. No ground for possession is required. However,
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 25
the landlord is still required to give the tenant notice requiring possession,
and the notice requirements vary depending upon when notice is given.
If notice is given before the end of the fixed-term period, then s21 simply
requires the landlord to give not less than two months’ notice in writing.
Therefore, at any point up until the last day of the fixed term, the landlord
simply has to give at least two months’ written notice. Sometimes, the
landlord will provide notice at the start of the tenancy, and this is legitimate
as the landlord is simply indicating that once the fixed-term expires
possession of the property will be required.
If notice is not given during the fixed-term period, then the tenant becomes
a statutory periodic assured shorthold tenant. What this means is that,
when the fixed-term tenancy expires, the law deems the tenant to have
been granted a periodic tenancy on the expiry of their fixed-term tenancy.
The periodic tenancy does not have an end date and runs from week to
week, or month to month, depending on how the rent is calculated. If the
tenant becomes a statutory periodic assured shorthold tenant, s21 requires
the landlord to provide a more detailed notice which must:
be in writing;
state that possession is required under s21;
state that possession is required after a specific date, which must be
the last day of the period of the tenancy and at least two months after
the notice was given.
These provisions are complex and if there is any doubt that s21 has been
complied with the tenant should seek legal advice as a defective s21 notice
may invalidate any subsequent possession order. For example, in
McDonald & Anor v J Fernandez & Anor [2003] EWCA Civ 1219, the
Court of Appeal set aside a possession order as the notice period was
phrased incorrectly. The tenancy had become a monthly statutory periodic
assured shorthold tenancy, running from 4
th
of the month to the 3
rd
of the
month. The possession notice stated that possession was required “on 4
th
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 26
January 2003”. The Court of Appeal ruled that this wording was incorrect
as s21 requires the notice to state that possession is required after a
specific date, which must be the last day of the period of the tenancy.
Therefore, as the tenancy ran to the 3
rd
of each month, the required
wording was “after 3
rd
January 2003”.
If the landlord wishes to bring an assured shorthold tenancy to an end
during the fixed-term period of the tenancy, s8 requires that an application
is made to the court for a possession order, and the landlord will have to
establish one of the grounds for possession for assured tenancies.
(3) Notice requirements for introductory and demoted tenancies
The requirements are set out in s123 Housing Act 1996 (introductory
tenancy) and s143 Housing Act 1996 (demoted tenancy). Again, there is
no prescribed form for the notice for an introductory or a demoted tenancy,
but the document provided by the landlord must state:
the reasons for the landlord’s decision to apply for a possession
order;
the date that the court will be asked to make an order for possession;
the earliest date that proceedings can be commenced;
that the tenant has the right to ask the landlord to review the decision
to seek a possession order within 14 days; and
that if the tenant needs assistance to deal with the notice, this should
be sought immediately from a Citizens Advice Bureau, Housing Aid
Centre or solicitor.
The notice period in the case of both introductory and demoted
tenancies is at least 28 days. If the tenant requests a review, it must be
conducted by a representative of the landlord who was not involved in the
decision to apply for the possession order. The tenant is entitled to request
that the review is conducted by way of a hearing, and the tenant is entitled
to attend the hearing with a representative. (The review process is
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 27
governed by either the Introductory Tenants (Review) Regulations 1997
or the Demoted Tenancies (Review of Decisions) Regulations 2004.)
(4) Rent arrears and social housing
If a tenant is renting a property from either a local authority or other social
landlord, there are court rules which the landlord must comply with before
commencing possession proceedings for rent arrears. The procedure is
set out in Part 2 of the Pre-Action Protocol for Possession Claims by Social
Landlords (the Protocol). The key requirements of the Protocol are
summarised below.
When a tenant first falls behind with their rent, the landlord should contact
the tenant as soon as possible to discuss their financial circumstances and
how they plan to pay the arrears. Where there are joint tenants, the
landlord should contact each separately to ensure that everyone is aware
of the problem. The landlord should send the tenant quarterly rent
statements showing how much rent is due and what payments have been
received.
The landlord should also discuss any entitlement to welfare benefits. It is
important to ensure that a tenant is receiving all the benefits to which they
are entitled, particularly housing benefit. If a tenant is receiving welfare
benefits, but finds budgeting difficult, then it may be possible to arrange for
the tenant’s rent to be deducted from their benefits and paid directly to the
landlord. A landlord should not start possession proceedings if:
the tenant has applied for housing benefit; and
it is likely that the tenant will be eligible for housing benefit; and
the tenant can make up any sums not covered by their housing
benefit.
If the landlord decides to seek a possession order, they must first send the
tenant a notice stating the intention to seek an order for possession. The
notice must comply with the required formalities (as discussed above).
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 28
After giving notice, the landlord should make reasonable attempts to
contact the tenant to discuss their arrears. The landlord must do
this before beginning court proceedings. If the tenant can pay a
reasonable amount to reduce the arrears and continue to pay the rents in
future, the landlord should agree to postpone any court action.
If a tenant is vulnerable the landlord should also consider whether:
the tenant has been discriminated against because of their
vulnerability;
the tenant may be entitled to a social care assessment;
the tenant would have capacity to represent themselves at court if
possession proceedings are commenced.
A vulnerable tenant would include someone who is disabled, elderly or
suffering from a mental illness, or someone under 18 years old.
In addition to the requirements under the Protocol, individual local
authorities (and other social housing providers) may also have their own
policies dealing with the treatment of vulnerable people. Most local
authorities post their procedures on their websites, and if you are
supporting a tenant who is vulnerable it is important to check whether the
landlord has its own policy and, if so, whether the landlord has complied
with the terms of the policy.
If the landlord decides to apply for a possession order, then, at least ten
days before the court hearing, the landlord must:
supply the tenant with an up-to-date rent statement, detailing the
arrears;
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 29
provide the tenant with the date of the court hearing and advise them
that if they do not attend their home may be at risk; and
provide the court with information about the tenant’s housing benefit
position.
If the landlord fails to comply with the requirements of the Protocol, the
court will require an explanation regarding why the Protocol has not been
complied with and can:
Adjourn, strike out or dismiss the landlord's application. (This can
only happen if the landlord is seeking to evict a tenant under a
'discretionary' rather than a ‘mandatory’ ground.)
Decide that the landlord must pay the court costs. (This can happen
even if the landlord succeeds in obtaining an order for possession.)
Defences to Possession Claims
Even if the landlord has complied with all of the necessary procedural
requirements, it is still possible for a tenant to defend possession
proceedings, and some of the key defences available are discussed below.
If a tenant is going to try and defend possession proceedings, it is essential
that the tenant gathers together all the evidence they have to support their
position. For example, if the tenant has a disability then evidence of the
nature of the disability and how it affects the tenant (e.g. assessments or
care plans) will be very important. Similarly, if the tenant’s position is that
the landlord gave permission for the tenant to act in a particular way, then
evidence of the permission (e.g. letters, emails or logs of telephone calls)
will be vital.
(1) Defective possession notice
As discussed previously, a notice seeking possession must usually be sent
to the tenant before court proceedings are commenced (see Possession
Notices). If the notice is defective, for example it is not in the prescribed
form or the grounds or reasons for possession are inaccurate or unclear,
then the court may refuse to grant an order.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 30
Every notice sent by a landlord should, therefore, be examined carefully to
see whether it is valid. For example, in Manel v Memon [2001] 33 HLR 24
CA a notice was held to be defective because it omitted the required
statement explaining the tenant’s right to seek legal advice.
(2) Landlord’s failure to establish grounds for possession
It is the landlord’s responsibility to satisfy the court that the ground(s) for
possession are established. If the landlord cannot prove the ground, the
court will not make a possession order.
(3) Reasonableness
As discussed previously, where a landlord is relying on a ‘discretionary
ground’ it is the landlord’s responsibility to establish both that the ground for
possession is made out on the facts and that it is reasonable to grant a
possession order (see Grounds for possession - (1) Discretionary grounds and
reasonableness).
(4) Discrimination
The Equality Act 2010 (EA 2010) came into force on 1 October 2010. Its
purpose was to reform and harmonise equality law, and it amalgamated
over a hundred pieces of legislation, including the Disability Discrimination
Act 1995. The EA 2010 outlaws discrimination, which arises due to the
person being discriminated against having a ‘protected characteristic’.
Under s4 EA 2010, disability is classed as a protected characteristic. This
means that it is unlawful to treat someone unfairly due to their disability. A
person has a disability if:
they have a physical or mental impairment; and
the impairment has a substantial and long-term adverse effect on
their ability to carry out normal day-to-day activities.
Schedule 1 EA 2010 further explains disability. Paragraph 2 notes that
‘long-term adverse effect’ means that it has lasted, or is likely to last, at
least 12 months or for the rest of the person’s life. Paragraph 6 notes
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 31
where a person has cancer, HIV infection or multiple sclerosis, the person
is automatically treated as disabled and it is not necessary to establish an
effect on a person’s ability to carry out normal day-to-day activities.
Paragraph 8 takes into account progressive conditions, so a disability that
is not presently having a substantial adverse effect on a person’s ability to
carry out normal day-to-day activities, but which is likely to recur, is
covered.
Learning disabilities may be treated as a disability under the EA 2010
provided a long term and substantial effect on a person’s daily life can be
established. Relevant issues may include:
behavioural difficulties;
speech difficulties;
difficulty using a computer;
difficulty reading and writing;
the need for special equipment.
The EA 2010 defines discrimination in two ways: direct discrimination
and indirect discrimination.
Under s13 EA 2010 direct discrimination occurs if person A treats person B
differently or less favourably because of a protected characteristic.
However, it is not discrimination to treat a disabled person more favourably
than a non-disabled person.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 32
A landlord gives notice to evict the tenant, and says that this is because
members of the Resident’s Association have put pressure on him to give
the notice because of the tenant’s severe learning disability.
This is direct discrimination. The tenant is being treated differently or
less favourably because of his disability, which is a protected
characteristic. The landlord would not have given notice if the tenant had
not been disabled.
Under s19 EA 2010 indirect discrimination occurs if person A applies a
provision, criterion or practice to person B which is discriminatory in relation
to a relevant protected characteristic. Generally, a ‘provision, criterion or
practice’ will be discriminatory if it puts people who share B’s protected
characteristic at a particular disadvantage when compared with people who
do not share the particular characteristic.
A tenant uses a wheelchair and also has a severe learning disability.
The Local Authority allocates housing using a choice based letting
system, which means that the tenant needs to bid for housing online.
The tenant finds this difficult due to her learning disability, and needs help
with the bidding process. It is also difficult for the tenant to travel to the
Local Authority offices to bid for properties.
Although the choice based system applies to everyone who needs social
housing, it could amount to indirect discrimination as it places the
tenant, and other disabled people like her, at a disadvantage.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 33
Where person A applies a provision, criterion or practice which is
discriminatory, person A’s actions will not amount to indirect discrimination
if they are a proportionate means of achieving a legitimate aim. Examples
of legitimate aims are:
health and safety, and welfare of individuals;
running an efficient service;
requirements of a business; and
desire to make profit.
As well as being legitimate, the aim must also be proportionate. This
means that the reason behind the discrimination must be fairly balanced
against the disadvantage a tenant has suffered because of the
discrimination. Effectively, person A will have to establish that their actions
are objectively justified. If there are better and less discriminatory ways of
doing things, it will be more difficult to justify discrimination, and economic
reasons alone are never enough to justify discrimination.
The general protection available in respect of direct and indirect
discrimination applies to all protected characteristics. Where the relevant
protected characteristic is disability, s15 EA 2010 provides additional
protection against disability discrimination. Disability discrimination will
occur where person A treats person B unfavourably because of person B’s
disability, and person A cannot show that the treatment is a proportionate
means of achieving a legitimate aim.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 34
A homeless person applies to a Local Authority for emergency housing.
The person in question has Tourette’s syndrome, which causes him to
swear a lot. A note of this is placed on his file. However, when the time
comes for his interview, the Local Authority officer refuses to interview
him because of his swearing.
The refusal to conduct an interview could amount to disability
discrimination as it is connected to the person’s disability.
However, s15 EA 2010 also states that the treatment of person B will not
amount to disability discrimination if person A can show that they did not
know, and could not reasonably have been expected to know, that person
B had a disability. Even if it can be established that person A knew, or
ought to have known, of the disability person A may still be able to avoid a
claim of disability discrimination if person A can establish that the treatment
of person B was a ‘proportionate means of achieving a legitimate aim’ (i.e.
that is was objectively justified).
The provisions relating to direct, indirect and disability discrimination may
all be relevant in the context of a claim for possession, and a tenant may
rely on one or more of the provisions to defend the claim. In addition, s35
EA 2010 provides that:
A person (A), who manages premises, must not discriminate against
a person (B) who occupies the premises:
a. in the way in which A allows B to make use of a benefit or
facility;
b. by evicting B, or taking steps to secure B’s eviction;
c. by subjecting B to any other detriment.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 35
Where the landlord is a public authority, the tenant may also be able to rely
on the Public Sector Equality Duty (PSED) under s149 EA 2010, which
provides that:
A public authority must, in the exercise of its functions, have due
regard to the need to:
a. eliminate discrimination, harassment, victimisation and any
other conduct that is prohibited by EA 2010;
b. advance equality of opportunity between persons who share a
relevant protected characteristic and persons who do not share
it;
c. foster good relations between persons who share a relevant
protected characteristic and persons who do not share it.
Public authorities are defined in Schedule 19 EA 2010, and include Local
Authorities. Housing associations are not included within this definition, but
s149 requires organisations, which are not public authorities but which
exercise public functions, to have due regard to the requirements of s149.
The following cases provide examples where the courts have upheld
defences based on discrimination in housing disputes:
North Devon Homes v Brazier [2003] EWHC 574 (QB) – The tenant was
exhibiting anti-social behaviour, which was related to mental illness, and
the landlord commenced possession proceedings. The landlord argued
that it would not have treated a non-disabled person, who had behaved in
the same way, any differently. The court held that a possession order was
not justified, noting: there was no evidence that the landlord had even
considered whether the eviction was justified, a psychiatric report made it
clear the eviction would lead to a serious deterioration in the tenant’s health
and, although the neighbours suffered considerable inconvenience as a
result of the tenant’s behaviour, their health and safety were not
endangered. Although the fact that an eviction would be unlawful under the
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 36
Disability Discrimination 1995 Act did not determine whether it was
reasonable to grant a possession order, it was highly relevant to the court’s
exercise of its discretion. (Although this was a case decided under the
Disability Discrimination Act 1995, it is likely that the principles considered
would apply under the EA 2010 as s149 EA 2010 imposes the same duty
as s49A Disability Discrimination Act 1995.)
Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 - In this
case the local authority was challenged for failing to comply with the Public
Sector Equality Duty (PSED) when considering an application for
accommodation from a disabled couple who had been evicted from their
rented property. The local authority argued that they had made themselves
intentionally homeless. The Court of Appeal held that the reviewing officer
breached the PSED by failing to take appropriate steps to take account of
the tenant’s disability. This was because no enquiries had been made to
establish the extent to which they could be said to have become
intentionally homeless.
Barnsley Metropolitan Borough Council v Norton & Ors [2011] EWCA
Civ 834 - Following termination of the first defendant’s employment for
misconduct, the local authority brought possession proceedings in order to
accommodate a new caretaker. The tenant lived in the property with his
wife and daughter, and his daughter had cerebral palsy and epilepsy. It
was accepted that the daughter had a disability for the purposes of the EA
2010. As the daughter’s health could be critically affected by the local
authority obtaining a possession order, it was under a duty to have regard
to her disability at the time when the decision was taken to commence
possession proceedings and failure to do so was a breach of that legal
duty. Although the Court of Appeal did not set the possession order aside,
it noted that the local authority had a duty to re-house the family and that it
expected the new accommodation to be available before the possession
order was enforced.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 37
Akerman- Livingstone v Aster Communities Ltd [2015] UKSC 15 - the
Supreme Court confirmed that the EA 2010 applies to both private and
public landlords. The Court also noted that there are two key questions to
be considered in disability discrimination cases:
i. whether the eviction was due to something arising as a result of the
tenant’s disability;
ii. whether the landlord can show that the eviction is a proportionate
means of achieving a legitimate aim.
If the tenant can establish that the eviction was related to their disability,
the landlord must then prove that the eviction was a proportionate means of
achieving a legitimate aim. The Court noted that enabling the landlord to
exercise their property rights will not necessarily make an eviction
proportionate, and the landlord will have to establish that there were no
less drastic measures available and that the effect on the tenant was
outweighed by the advantages.
(5) Public law defences
A public law defence is only available where the landlord is a public body
(such as a local authority), and so is not available where the landlord is a
private individual. Public bodies must act fairly, and must consider the
individual circumstances of each case. Sometimes this is referred to as
acting in accordance with ‘the rules of natural justice’. For example, if a
noise complaint is made against a tenant of a local authority, the rules of
natural justice require the tenant to be given an opportunity to respond to
the allegation.
Public bodies make a series of decisions during the course of possession
proceedings, including:
to serve notice seeking possession;
to review or not to review this decision;
to issue proceedings at court;
to pursue the proceedings after seeing the tenant’s defence;
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 38
to execute the possession order once it is granted by the court.
At each of these stages the local authority is under a duty to ensure that it
is acting reasonably, and if it fails to act reasonably at any stage the court
may grant the tenant relief (e.g. by refusing to make, or setting aside, the
possession order) (see Salford City Council v Mullen & Ors [2010]
EWCA Civ 336).
Where a local authority fails to follow its own policies and procedures, it is
very likely that the court would find that the local authority had acted
unlawfully. Therefore, if you are supporting a tenant and the landlord is a
public body, it is essential that you check whether the landlord has a
relevant policy and whether it has been complied with (e.g. policies relating
to equality, rent arrears, housing strategy, vulnerable tenants and
homelessness).
Some examples of cases where the court has allowed the tenant to rely on
a public law defence are:
McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 -
Complaints of anti-social behaviour were made against a tenant, and the
local authority served a possession notice indicating that the local authority
would seek a possession order if the anti-social behaviour continued. The
court held that the local authority had failed to follow the rules of natural
justice, as the tenant had not been given a sufficient opportunity to respond
to the allegations.
Barber v London Borough of Croydon [2010] EWCA Civ - The tenant
was violent and abusive towards a resident caretaker, and the local
authority served a possession notice and issued possession proceedings.
During proceedings it came to light the tenant had severe mental health
problems, and that his behaviour was a result of this. The court held that in
deciding to carry on with the proceedings the local authority had failed to
have regard to its own policies and procedures relating to the management
of anti-social behaviour by vulnerable tenants.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 39
Eastlands Homes Partnership Ltd v Whyte [2010] EWHC 695 (QB) -
The landlord served a possession notice due to rent arrears and anti-social
behaviour. The court held that the landlord had failed to follow its own
policy in relation to rent arrears. (It should be noted that the law does not
require landlords to have policies and procedures in place, but if a policy
exists then it must be followed.)
(6) Human Rights Act defences
The Human Rights Act 1998 came into force on the 2
nd
October 2000. It
incorporated into UK law most of the rights contained in the European
Convention on Human Rights. As with public law defences, a defence
under the Human Rights Act 1998 is only available where the landlord is a
public body (such as a local authority), and so is not available where the
landlord is a private individual.
Article 8 is the convention right which is most relevant to housing
possession claims. It is known as the right to private and family life, and
provides that:
8(1) Everyone has a right to respect for his private and family life,
his home and his correspondence.
8(2) There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the
law and is necessary in a democratic society in the interests of
national security, public safety or the economic well being, for
the protection of health or morals, or for the protection of the
rights and freedoms of others.
Taking steps to evict a tenant has the potential to amount to an
infringement of Article 8(1) because an order for possession results in the
removal of the tenant from the home.
Balanced against this, Article 8(2) allows local authorities and other social
landlords to hold and manage their housing stock for the future benefit of
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 40
the whole community. They are best equipped to make management
decisions regarding the way that housing under their control is
administered. This includes making decisions to deal with anti-social
behaviour in the interests of public safety, and in respect of rent arrears, as
this falls within the ‘economic well being’ test.
There have been a number of very important court decisions, which
consider the extent to which tenants can argue a defence to a claim for
possession based on an infringement of Article 8.
The Supreme Court decision in Manchester City Council v Pinnock
[2011] UKSC 6 opened the door to the use of an Article 8 defence in a
possession claim. However, in reaching this decision the Court indicated
that Article 8 would only be relevant in exceptional circumstances.
In a further development last year the Court of Appeal approved the use of
an Article 8 defence to defeat a claim for possession in Southend-On-Sea
Borough Council v Armour [2014] EWCA Civ 231. Mr Armour and his
daughter lived in a flat rented from the local authority under an
introductory tenancy. Mr Armour was accused of anti-social behaviour
and the local authority issued a claim for possession. The case was
adjourned on a number of occasions, and the final hearing did not take
place until eleven months after the original complaint had occurred. In the
meantime, Mr Armour’s behaviour had improved. The judge held that
Article 8 could be invoked. He also held that whist the local authority’s
decision to seek possession of Mr Armour’s property was proportionate, at
the time the notice of possession was served, it was not proportionate for
an order for possession to be made by the time the case came to trial. This
was because almost a year has passed between the commencement of
proceedings and the trial, and no further complaints about Mr Armour’s
conduct had been made. It was relevant to the court's decision that Mr
Armour suffered from Asperger’s syndrome and depression, and that his
behaviour had markedly changed since the date of the last incident of anti-
social behaviour. The local authority appealed, and both the High Court
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 41
and the Court of Appeal held that it was disproportionate for the local
authority to continue to seek possession in the circumstances.
The key issue is whether or not the decision to seek a possession order
can be said to be proportionate (in practical terms, justifiable) when taking
account of both the tenant’s circumstances and a social landlord’s duty to
manage the housing stock for the benefit of the wider community. As noted
in ‘Pinnock’, the Article 8 requirement for proportionality “is more likely to be
a relevant issue in respect of occupants who are vulnerable as a result of
mental illness, physical or learning difficulty, poor health or frailty” [para.
64].
Sometimes a situation will arise where the tenant wishes to argue that the
landlord’s actions amount to both disability discrimination (under s15 EA
2010) and a breach of the tenant’s rights under Article 8. In Akerman-
Livingstone v Aster Communities Ltd [2015] UKSC 15, the Supreme
Court analysed the difference between a disability discrimination defence
and a defence under Article 8, and found that the protection provided by EA
2010 was greater. The Court noted that in both cases the landlord would
have to demonstrate that their actions were proportionate and achieved a
legitimate aim. However, in a disability discrimination case a landlord could
not assume that exercising their property rights would be accepted by the
court as a legitimate aim; whereas a public authority was always likely to be
able to argue that complying with its legal duty to manage its housing stock
satisfied the proportionality requirements under Article 8.
(7) Claims against travellers
All of the potential defences discussed would apply equally where the
tenant was a member of the traveller community. However, in many cases
the traveller community occupy premises, usually caravan sites, under a
licence rather than a tenancy. A key difference between a tenancy and a
licence is that a person occupying premises under a licence (the licensee)
does not have exclusive possession of the premises.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 42
Generally, a licensee does not have the level of protection that a tenant
has. However, a licensee usually has protection against summary eviction.
This means that if a member of the traveller community, or any other
licensee, is threatened with eviction they are able to raise defences based
upon discrimination, public law and human rights legislation in the same
way that a tenant could.
Connors v United Kingdom (66746/01) – a local authority sought
summary eviction against a traveller family who occupied two plots on the
local authority’s caravan park as licensees. The family was alleged to have
caused a nuisance to other residents. The European Court of Human
Rights held that the summary eviction procedure was a breach of the family
members’ rights under Article 8, as licensees in other situations would have
access to procedural protections, which had not been provided by the local
authority, and there was no legitimate reason for the different treatment.
Alternatives to litigation
Going to court can be slow, expensive and stressful, and there are a
number of alternatives to litigation which may help to resolve a housing
dispute.
(1) Complaint about a local authority or other social landlord
Local authorities and other social landlords will usually have their own
complaints procedure. If a dispute arises, and the tenant believes that the
landlord is acting unfairly, then it may be appropriate for the tenant to make
a complaint.
It will usually be possible to obtain information about the complaints
procedure from the organisation’s website. Alternatively, the tenant could
contact the landlord and request a copy of the procedure.
If a complaint is lodged, the tenant must usually comply with all of the
stages set out in the complaints procedure, and the landlord must be given
a reasonable time to respond to the complaint. If the complaints procedure
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 43
does not specify timescales, then up to 12 weeks could be considered to
be reasonable, unless the situation is more urgent.
(2) Complaint about a private landlord
The National Landlords Association has a code of practice that all member
landlords should follow. The code says that landlords must respect the
law, and this includes the Equality Act 2010. It also says that a landlord
should treat their tenants with courtesy and respect. Therefore, if the
landlord is a member of the Association then it may be possible to use the
NLA Accreditation Complaints Process.
(3) The Public Services Ombudsman for Wales
The Public Services Ombudsman for Wales can deal with complaints about
Local Authorities or other social landlords. Before complaining to the
Ombudsman, the tenant should have exhausted the landlord’s complaints
procedure. However, it is possible to complain directly to the Ombudsman
if the complaint is very urgent, for example if the tenant’s safety is at risk.
If a tenant has lodged a complaint with the landlord, but feels that the
landlord is taking too long to process the complaint, then a complaint can
be made to the Ombudsman. However, as noted above, the Ombudsman
is likely to allow the landlord up to 12 weeks to deal with the complaint.
The Ombudsman will not normally deal with complaints which have gone to
court or which are better dealt with by the courts.
(4) Mediation
Situations may arise where, although there is a dispute, neither the landlord
nor the tenant wishes to go to court. In these circumstances Alternative
Dispute Resolution (ADR) may be appropriate. In practice, the form of
ADR most likely to be suitable would be mediation, which involves an
independent person helping the landlord and tenant to try and find a
solution to the problem. The Ministry of Justice provides an online Find a
civil mediation service.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 44
Mediation is not suitable for every problem, particularly where the situation
is urgent. For example, if a tenant is threatened with illegal eviction an
application to the court for an injunction is likely to be the only option.
Obtaining legal advice
If you are supporting a tenant who is experiencing difficulties with their
landlord, then it is important to consider obtaining legal advice, particularly
if the tenant is being threatened with eviction. Legal aid is available for
some types of housing disputes provided the tenant is on a low income and
their case has reasonable prospects of success. The Legal Aid Agency
has an online eligibility checker, which asks a series of questions about the
type of dispute and the person’s financial circumstances, and then provides
an indication regarding whether legal aid may be available.
In addition, the Law Society has an online Find a Solicitor search facility,
which allows you to search for a solicitor specialising in housing disputes in
the local area.
Going to court
If the dispute cannot be resolved, you may need to support a tenant at
court, and therefore it is important to have some understanding of the court
process.
Possession hearings will take place in the county court, and will usually be
heard by a district judge. The court rules, which apply to possession
proceedings, are set out in Part 55 Civil Procedure Rules. The rules deal
with three main categories of proceedings:
ordinary claims (where the tenant is not an assured shorthold
tenant);
accelerated claims (where the tenant is an assured shorthold tenant);
interim possession orders (where the claim is against a trespasser).
Where the ordinary procedure is used, the landlord will have to issue a
claim form at court, with a particulars of claim and any supporting evidence.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 45
The particulars of claim will explain the basis upon which the landlord says
that he is entitled to possession of the property. Much of the information in
the particulars of claim will be similar to that contained in the possession
notice (e.g. the property to which the application relates and the ground(s)
relied upon). The court will serve the papers on the tenant, who should
receive at least 21 days’ notice of the first court hearing. The tenant will
also be sent a defence form and, if the tenant wishes to contest the
possession proceedings, the defence form should be completed, setting
out the basis of the defence, and returned to the court.
The court will then hold an initial hearing. If there has been any procedural
irregularity, such as the landlord failing to serve a possession notice in the
correct form, then it is important to bring that information to the court’s
attention at the first hearing as it could mean that the court dismisses the
landlord’s claim. If the application is uncontested, the court will usually
invite the landlord to present evidence and, if the court is satisfied that the
landlord has proved his case, the possession order will be made and a date
for possession to take place will be fixed. If the application is contested,
the court is likely to give directions, which will require the parties to prepare
their evidence (e.g. drafting witness statements), and the application will be
listed for a final hearing. At the final hearing, the court will consider the
evidence, including oral evidence from witnesses and documentary
evidence, and will then decide whether to make a possession order. If the
claim for possession is brought under a discretionary ground, the court has
the option of making a suspended possession order, and imposing
conditions on the tenant. Provided the tenant complies with the conditions,
they will be able to remain living in the property. If the court decides to
make an order for possession, and the tenant can establish ‘exceptional
hardship’, the court may postpone the eviction date for up to six weeks.
The accelerated possession procedure can only be used where the
tenant has an assured shorthold tenancy. The landlord will submit an
application to the court, and it will be sent to the tenant. The tenant then
has 14 days to file a reply. A judge will then consider the information
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 46
contained in the application and reply, and will either: make a possession
order, dismiss the application or fix a hearing date. Again, the court has
discretion to postpone the date of possession for up to six weeks if the
tenant can establish ‘exceptional hardship’.
If a possession order is made, and the tenant refuses to vacate the
property by the possession date, the landlord can apply to the court for a
warrant of possession, which will authorise the court bailiff to enter the
property and evict the tenant.
Supporting a tenant threatened by eviction – a checklist
The threat of eviction will usually be a consequence of either a failure by a
tenant to pay rent, or anti-social behaviour by a tenant or a member of a
tenant's family. The following checklist sets out some practical steps you
can take if you are supporting a tenant threatened by eviction.
I. Obtain a copy of the tenancy agreement. If the tenant does not have
a copy, then ask the landlord to provide one.
II. The tenancy agreement should state what type of tenancy is in
place. If this is not clear from the tenancy agreement, or a copy of
the agreement cannot be obtained, then the information contained in
Part 1 – The main types of tenancy should help you identify the type of
tenancy. Alternatively, you may find it useful to refer to Shelter's
online 'tenancy rights checker'.
III. Consider whether the landlord has made clear the reason(s) why a
possession order is being sought. If clear reasons have not been
provided clarification should be sought from the landlord.
IV. If the landlord has sent a notice seeking possession examine the
notice carefully. In particular:
Is the notice in the proper form?
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 47
Is the information contained within it accurate and clearly
expressed?
Has the correct notice period been complied with?
If the notice includes a statutory ground for possession does
the statutory ground relied on apply in the circumstances?
V. If the landlord’s reasons for seeking possession are connected to the
tenant’s disability, or disability of a member of the tenant’s family
living in the accommodation, consider the following:
whether the landlord is aware of the disability;
if there is a care plan in existence, whether the landlord's
intention to evict is inconsistent with any provisions in the plan,
or whether it would be inappropriate or unreasonable for the
landlord to evict;
whether the landlord’s conduct discriminates against the
tenant, or a member of the tenant’s family, on the grounds of
disability.
VI. Obtain copies, from the landlord, of any policies which may be
relevant to the decision to seek possession, for example policies
relating to equality, rent arrears, housing strategy, vulnerable tenants
or homelessness. If the landlord has not adhered to its own policy
requirements, an immediate request should be made for a review of
the decision to seek possession.
VII. In the case of a claim related to non-payment or arrears of rent, if the
landlord is a social landlord, then check to see whether the landlord
has complied with the Pre-Action Protocol.
VIII. Always consider whether the matters complained of are capable of
being resolved by means other than eviction (for example, by
mediation), and ensure that, where necessary, legal advice is
sought.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 48
Part 3 – Repairs and improvements
This section explains the respective rights and obligations of landlords and
tenants to repair and make improvements to a rented property, and
includes information about the grants which may be available to a tenant to
fund improvements.
Repairs
(1) Private landlords
Generally, private landlords have a duty to keep the accommodation in a
reasonable state of repair, and their tenants have an obligation to look after
the accommodation.
The terms in the tenancy agreement will detail the responsibilities of the
landlord and the tenant. If there is no written tenancy agreement, whatever
the landlord and tenant have agreed orally will apply.
Certain repairs will always be the landlord’s responsibility, whether or not
they are specifically mentioned in the tenancy agreement. These are:
The structure and exterior of the premises (such as walls, floors, roof,
window frames and external doors), and the drains, gutters and
external pipes. If the property is a house, the essential means of
access to it, such as steps from the street, are also included in
‘structure and exterior’. It also includes garden paths and steps to the
house.
The water and gas pipes, and electrical wiring (including taps and
sockets).
The basins, sinks, baths and toilets.
Central heating system and fixed heaters (for example, gas fires) and
water heaters.
Communal entrances and lifts.
Landlords cannot include a term in a tenancy agreement that would reduce
their legal obligations, or pass on any of their responsibilities to the tenant.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 49
For example, a term making the tenant responsible for repairs to the roof
would not have any effect as the law says that roof repairs are always the
landlord’s responsibility.
Usually, it is the tenant’s responsibility to:
look after the property by using it in a tenant like way;
inform the landlord about the repairs that are needed;
provide access to have any repair work done.
Using the property ‘in a tenant like way’ means that the tenant must:
complete minor repairs (such as changing light bulbs or fuses), keep the
property reasonably clean and use fixtures and fittings properly (e.g. not
blocking the toilet by flushing something unsuitable down it).
A landlord is not required to repair any damage caused by a tenant,
someone in the tenant’s household, or a guest, regardless of whether the
damage was caused accidentally or not. This is because treating the
property in a tenant like way also requires the tenant to ensure that neither
they nor their visitors damages the property.
If the landlord has to carry out repairs, which are very disruptive, the tenant
may be entitled to claim compensation; for example, the landlord may
agree to reduce the rent to compensate for the disruption. However, a
tenant should not stop paying rent due to the disruption as this could risk
eviction.
If the landlord does not carry out the repairs required, a tenant does not
have the right to withhold rent until the repairs are undertaken. Again,
withholding rent in these circumstances may lead to eviction. It is possible
for the tenant to carry out the repairs and then either bill the landlord or
deduct the costs from future rent. However, if the tenant decides to do the
repairs themselves, the correct procedure must be followed, which includes
giving the landlord notice, obtaining quotes for the work and ensuring that it
is completed to a good standard. Shelter produces a guide, ‘Doing the
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 50
repairs if your landlord won't’, to help tenants who are thinking of carrying
out repairs and then claiming the costs back from their landlord.
(2) Social landlords
As with private landlords, social landlords have a duty to keep the
accommodation in a reasonable state of repair, and their tenants have an
obligation to look after the accommodation.
Local authority tenants will have access to a right to repair scheme.
Under the scheme, if repairs estimated to cost up to £250 are not carried
out within a fixed time scale, the tenant can require that a different
contractor is assigned to do the job. The key timescales are one day, three
days and seven days, and examples of repairs that should be completed
within given timescales are:
One day - if the tenant has no water, electricity or gas, or no heating
or hot water in the winter, or a blocked sewer.
Three days - if the tenant has partial loss of water or electricity, or no
heating or hot water in the summer, or a blocked bath or basin.
Seven days - if the roof is leaking or an extractor fan is broken.
Where a repair is not carried out in time, the local authority must appoint a
new contractor and set another time limit. A tenant can claim
compensation, up to £50, if the repair is not carried out within the extended
time limit. Twenty types of repairs qualify for the scheme, including those
relating to insecure doors, broken entry phone systems, blocked sinks and
leaking roofs. A repair will not qualify for the scheme if the local authority
has fewer than 100 properties, is not responsible for the repair or if the
authority decides it would cost more than £250. Details of the right to
repair scheme can be obtained from the local authority’s website, and
many have online forms that can be used to report outstanding repairs.
Other social landlords do not have to operate a right to repair scheme, but
many do. Therefore, tenants of other social landlords may also be entitled
to compensation if they report a repair or maintenance problem which
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 51
affects their health, safety or security and the landlord fails to carry out the
repair within a set timescale. Again, information regarding whether the
landlord operates a right to repair scheme can be obtained from the
landlord’s website.
Improvements
Generally, tenants do not have the right to make changes to a landlord’s
property, and making a change to the property may amount to a breach of
the tenancy agreement entitling the landlord to seek possession.
Where the tenant has a Types of tenancy - (1) Secure tenancy, an application
can be made to the local authority for permission to carry out
improvements. An improvement is any alteration or addition to the property
and includes:
addition or alteration to the landlord’s fixtures and fittings;
addition or alteration connected with the provision of services to the
property;
the erection of a wireless or television aerial; and
the carrying out of external decoration.
Under s97 Housing Act 1985 the tenant must not make any improvement
without the written consent of the landlord, but the landlord’s consent
cannot be unreasonably withheld. If the landlord refuses a request, it is for
the landlord to show that it was not a reasonable request and relevant
factors will include whether the improvements would be likely to:
make the property, or any other premises, less safe for occupiers;
cause the landlord to incur expenditure which it would be unlikely to
incur if the improvement was not made; or
reduce the price which the property would fetch if sold on the open
market, or the rent which the landlord would be able to charge on re-
letting the property.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 52
If the landlord withholds consent unreasonably, the tenant may proceed as
if the consent was given. However, legal advice should always be sought
before proceeding without a landlord’s consent, and it may be necessary to
make an application to the county court for the court to rule on whether
consent has been withheld unreasonably.
Consent may be given by the landlord subject to conditions, but the
conditions must be reasonable. This could include stipulating the quality of
materials to be used or requiring qualified tradesmen to do the work. If the
landlord stipulates a condition that is unreasonable, then the tenant can
argue that the landlord is withholding consent unreasonably. If a question
arises regarding whether a condition was reasonable, it is for the landlord
to show that it was reasonable, and again an application to the court may
be required in the event of a dispute. If the tenant fails to comply with a
reasonable condition then the tenant will be treated as being in breach of
the tenancy agreement.
Where a tenant has lawfully made an improvement, and has paid the whole
or part of the costs, the landlord is not entitled to increase the rent on the
basis of the improvements made.
(1) Compensation for improvements
The right to claim compensation for improvements applies to most local
authority tenants, but not private tenants. Compensation can usually be
claimed at the end of the tenancy, although it is not payable where a tenant
is evicted. If joint tenants separate, the person who leaves will not receive
compensation. If a tenancy ends because the tenant dies, or other special
circumstances apply, the person responsible for the estate can claim
compensation.
The right to compensation applies to the following improvements:
fitting a bath or shower, washbasin or toilet;
fitting a kitchen sink and work surfaces for preparing food;
fitting storage cupboards in a bathroom or kitchen;
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 53
installing central heating, hot water boilers and other types of heating;
fitting thermostatic radiator valves;
fitting pipe, water tank and cylinder insulation;
draught-proofing outside doors or windows;
installing double-glazing or other window replacement or secondary
glazing;
rewiring or installing power and lighting or other electrical fittings
(including smoke detectors); and
improvements to home security (excluding burglar alarms).
Compensation can be claimed for the costs of materials (but not appliances
such as cookers or fridges), and labour costs (but not a tenant’s labour).
The tenant can claim up to £3,000 for each improvement, but cannot claim
for improvements valued at less than £50. In addition, the tenant cannot
claim for professional fees or costs associated with obtaining planning
permission or building regulations approval.
Obviously, it is important that the tenant keeps a full record of the amount
spent in making any improvements. However, even where records are
kept, the tenant may not recover the full costs of the improvement as
compensation can be reduced in accordance with the following principles:
The value of any improvement reduces with the passage of time and
as the tenant gets more use out of it.
Less compensation will be payable if a surveyor considers the costs
of the improvement too expensive, or the quality is less than it would
have been if the landlord had done it themselves.
Compensation entitlement can be used to offset any money owed to
the landlord for housing debts, including any work the landlord needs
to do as a result of the improvements made by a tenant.
Compensation may be reduced by the cost to the landlord of cleaning
the property.
In addition, internal decoration (painting and wallpapering), fitted
wardrobes, light fittings, laminated flooring and wood paneling do not
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 54
qualify for compensation. If the tenant received financial assistance (such
as a grant) towards the costs of improvements, the amount of any
compensation will be reduced by the amount of the grant.
(2) Planning permission and building regulations approval
In addition to the landlord’s consent, a tenant who wishes to make changes
to a property may also require planning permission and/or building
regulations approval before any work is done on the property.
Useful information regarding planning permission and building regulations
can be found on the Welsh Government Planning Portal. This includes,
amongst other things, interactive guides for specific projects such as loft
conversions, extensions, conservatories, outbuildings and porches. There
are also case studies relating to conservatories, doors and windows,
extensions and extended walls.
The duty to make ‘reasonable adjustments’
Section 20 Equality Act 2010 (EA 2010) creates a requirement to make
reasonable adjustments for disabled people. The meaning of the term
disability has already been explained in the section of the tool kit dealing
with (4) Discrimination as a defence to a possession claim.
(1) Who is under a duty to make reasonable adjustments?
Sch 4 EA 2010 states that only the landlord or manager of a rented
property has the duty to make reasonable adjustments, but this includes
the owner of a property, an estate agency or management company, a
Local Authority or a housing association. (In the rest of this Section, the
term landlord will be used to include managers of rented property.)
(2) What are the key obligations placed on landlords?
Under s20 EA 2010, the landlord must take reasonable steps to avoid any
provision, criterion or practice, or any physical feature which puts a
disabled person at a substantial disadvantage in comparison with persons
who are not disabled. In addition, reasonable steps must be taken to
provide any auxiliary aid necessary to ensure that a disabled person is not
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 55
at a substantial disadvantage in comparison with persons who are not
disabled.
In practice, once a landlord becomes aware of a tenant’s disability, the key
obligations placed on landlords are:
to change policy or practice, including the terms of the tenancy
agreement; and
to provide additional aids or services.
Under s20 EA 2010, a landlord may be required to make changes to any
policies or practices they have which disadvantage a tenant because of
their disability. This includes changing a term of a tenancy agreement. For
example, a term saying pets are not allowed in the property could be
changed to allow a disabled person to have an assistance dog.
Where a tenant requires ‘auxiliary aids and services’ to rent or live in the
property, these may have to be provided. An example may be supplying a
tenant with a copy of their tenancy agreement in a format that is more
suited to their needs, such as easy read or braille.
However, landlords will not usually have an obligation to make structural
changes which would substantially and permanently alter the property. For
example, there is no obligation to remove walls, widen doorways or install
permanent ramps, or to carry out any change that would alter the physical
features of the property.
(3) When does the duty to make reasonable adjustments arise?
The landlord has a duty to make reasonable adjustments if a tenant is
disadvantaged because of their disability and the adjustment is
reasonable.
A tenant is likely to be disadvantaged if they find it very difficult to do
something. A tenant can ask the landlord to make reasonable adjustments
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 56
if they find it very difficult to do the following:
become a tenant or occupy a property;
enjoy the property they live in; or
use any facilities and benefits which are attached to the property (e.g.
a common garden or parking space).
However, the landlord only has a duty to make changes if they are
reasonable. When deciding whether an adjustment is reasonable,
consideration needs to be given to:
the type and length of the letting;
how much the adjustment will cost;
the landlord’s resources; and
how effective the proposed change is likely to be.
It is considered reasonable under the EA 2010 for a tenant to ask their
landlord to do the following things:
remove, replace or provide any furniture, furnishings, materials or
equipment (so long as it would not become a permanent fixture when
installed);
replace or provide signs or notices;
replace taps or door handles;
replace, provide or adapt door bells or door entry systems; or
change the colour of any surface (e.g. a wall or a door).
(4) Who bears the costs of a reasonable adjustment?
If an adjustment is reasonable, the landlord must pay for it, and the
disabled person should not be asked to meet the costs even if they have
requested the adjustment.
(5) Disability Adaptations
A disabled tenant can ask the landlord for permission to make disability-
related adaptations to the property at the tenant’s own expense. A landlord
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 57
must not unreasonably refuse to give their consent. This means they must
have a good reason for refusing.
A tenant should provide details of the works they want to carry out and how
they propose to carry out the work. They should also say if they intend to
reinstate the accommodation to its original condition when the tenancy
ends.
If a landlord refuses to give their consent, they must inform the tenant in
writing and explain why the request has been refused. If a landlord cannot
give a good reason for refusing or if they do not respond to a written
request for consent within a reasonable time, their consent is deemed to
have been given. However, as with improvements, legal advice should
always be sought before proceeding without a landlord’s consent, and it
may be necessary to make an application to the county court for the court
to rule on whether consent has been withheld unreasonably.
In deciding whether the landlord has acted unreasonably, the following
factors may be taken into account:
the type and length of the tenancy;
the tenant’s ability to pay for the adaptation;
how easy it is to make the adaptations; and
the extent of any disruption and effect on other occupiers.
A landlord can attach conditions to their consent as long as they are
reasonable. Reasonable conditions can include obtaining the appropriate
planning permissions, reinstating things that have been changed at the end
of a tenancy, and allowing the landlord to inspect works carried out. Again,
as with improvements, if a question arises regarding whether a condition
was reasonable, it is for the landlord to show that it was reasonable, and an
application to the court may be required in the event of a dispute. If the
tenant fails to comply with a reasonable condition then the tenant will be
treated as being in breach of the tenancy agreement.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 58
(6) Disabled Facilities Grants
If a disabled person needs to make an adaptation to the property in which
they are living, it may be possible for them to obtain a disabled facilities
grant (under the Housing Grants, Construction and Regeneration Act
1996). This applies whether the disabled person owns the property or
rents it.
A disabled facilities grant is a sum of money paid by a Local Authority for
work that is essential to help a disabled person live an independent life,
such as:
widening doors and installing ramps;
improving access to rooms and facilities (e.g. installing a stair lift or a
downstairs bathroom);
installing a heating system;
adapting heating or lighting controls to make them easier to use.
A Local Authority must provide the grant if the applicant meets the
qualifying criteria. A grant is only available where the adaptation is:
Necessary and Appropriate to meet the disabled person’s needs.
(The Local Authority will normally ask an occupational therapist for
their opinion on whether or not the work is necessary.)
Reasonable and Practical, given the age of the property and the
condition it is in. (For example, if the property is in a serious state of
disrepair, it might not be practical to do the work.)
In addition, the applicant or the disabled person must own the property or
be a tenant, and must intend to live in the property during the grant period
(which is currently 5 years). An occupant will be treated as being disabled
if:
their sight, hearing or speech is substantially impaired;
they have a mental disorder or impairment of any kind; or
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 59
they are physically disabled by illness, injury or impairment present
since birth or otherwise.
If the property is rented, the landlord’s permission will be required before
the Local Authority awards the grant. A landlord must not refuse
permission without a good reason, and if a landlord does refuse without
good reason this could amount to disability discrimination (see (4)
Discrimination).
The grant application form can be obtained from the Local Authority
(either Housing or Environmental Health Department).
The Local Authority will normally require 2 written estimates for the
work, and may be able to provide a list of builders.
The application must be submitted to the Local Authority before
work starts on the property.
The Local Authority must give its decision in writing, but is allowed
up to 6 months to process the application. The grant may not be
paid if work starts on the property before the Local Authority
approves the application, and therefore it is essential to make the
application as promptly as possible.
If the property is rented, the landlord’s permission for the
adaptations will be required before the Local Authority approves the
grant.
Any adaptation will have to comply with planning and building
regulations, and therefore separate applications for the relevant
approvals may need to be made before any work starts. It is
essential that the correct approvals are obtained, as undertaking
building works without the relevant approvals could be a ground for
eviction.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 60
The Local Authority may require a qualified architect or surveyor to
plan and oversee the work.
If the applicant is unhappy with the Local Authority’s decision there
is a right of appeal, and details can be obtained from the Local
Authority. If the applicant appeals, and is unhappy with the
outcome, it may be possible to make a further complaint to the
Public Services Ombudsman for Wales.
A Disabled Facilities Grant will not affect the applicant’s entitlement
to welfare benefits.
The maximum amount of the grant varies depending on where the
applicant lives in the UK, but in Wales the upper limit is currently £36,000.
The amount of grant depends on household income and savings, and a
contribution to the costs of the work may be required. The grant is usually
paid by instalments (as the work progresses), or in full (when the work is
finished), and the Local Authority may pay the contractor directly or give the
applicant a cheque to cover the costs incurred.
In Wales it may also be possible to get help under the Rapid Response
Adaptations Programme. To be eligible under the programme, an
applicant has to be a home-owner or a tenant, must usually be aged 60 or
over and/or have a physical disability, and:
be in hospital; or
have recently been discharged from hospital; and
wish to carry on living independently at home.
A referral to the programme by a health professional is required.
The programme applies to small-scale alterations to a disabled person’s
home, such as:
small ramps;
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 61
rails and hand-grips;
a covered walk way to a toilet;
levelling of paths;
community safety alarms or other safety measures in the home.
The programme is run by Care and Repair Cymru who produce a Rapid
Response Adaptations Programme (RRAP) online guide explaining the
scheme in detail.
The tool kit focuses on the main grants available to disabled people in a
housing context. However, there are many other types of grant and
sources of funding, and identifying and accessing grant funding can be
difficult. The following websites may be of assistance in identifying
relevant available grants:
Citizens Advice (Wales) - guide to funding sources available in
Wales.
Care & Repair Cymru - national charitable body which seeks to
ensure that all older people have homes that are safe, secure and
appropriate to their needs.
Grants Expert (UK) - advice regarding funding sources for a range
of activities, including ‘Home’ and ‘Property’ sections.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 62
Part 4 – Additional resources
Citizens Advice (Wales)
Produces a range of information guides, which can be searched to take into
account differences in law resulting from devolution. Useful guides include:
Housing Issues Overview - includes helpful information regarding key
issues, such as types of tenancies and discrimination in housing
provision.
Rent arrears
Alternatives to court
Disability Rights UK
Charity supporting people with disabilities or other health conditions.
Produces a fact sheet in relation to Disabled Facilities Grants.
Equality and Human Rights Commission
Organisation established to protect and promote human rights. Produces
fact sheets in relation to:
Guidance for social housing providers
Reasonable Adjustments for Disabled People
Westminster Government
Provides an online search engine to identify which local authority is
responsible for the area in which a tenant is living.
Shelter Cymru
Charity providing free, expert independent housing advice. Produces a
range of useful information guides, such as:
Eviction
Repairs
Tenant's rights
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 63
Future Changes
As housing is a devolved matter, the Welsh Assembly has power to pass
legislation regarding housing law in Wales. In February 2015, the Welsh
Government published the Renting Homes (Wales) Bill. The main purpose
of the Bill is to harmonise and simplify housing law in Wales. If the Bill is
implemented, the existing legal framework as outlined in this tool kit will be
radically altered.
The Welsh Government has produced an 'Explanatory Memorandum',
which explains the changes proposed by the Bill.
Update February 2017:
Since this tool kit was originally drafted, the Welsh Assembly has passed
two pieces of legislation, which mean that housing law in Wales differs from
the law applicable in England. The new legislation is:
Housing (Wales) Act 2014; and
Renting Homes (Wales) Act 2016.
Whilst the Housing (Wales) Act 2014 is in force, the Renting Homes
(Wales) Act 2016 is not yet in force. The implications of this legislation
are discussed in the separate tool kit (Housing Law: Supporting tenants
with a disability (Supplement)), which is available on the Mencap Cymru
website. Once the Renting Homes (Wales) Act 2016 is in force a new
consolidated tool kit will be produced dealing exclusively with housing law
in Wales.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 64
Appendix 1
Notice of Seeking Possession – Secure Tenancy (Periodic)
NOTICE OF SEEKING POSSESSION
Housing Act 1985, section 83
This Notice is the first step towards requiring you to give up possession of your
dwelling. You should read it very carefully.
1. To.............................................................................................................................
(names of secure tenants)
If you need advice about this Notice, and what you should do about it, take it as
quickly as possible to a Citizen's Advice Bureau, a Housing Aid Centre or a Law
Centre, or to a Solicitor. You may be able to receive Legal Aid but this will
depend on your personal circumstances.
2. The ..........................................................................................[name of landlord]
intends to apply to the Court for an order requiring you to give up
possession of:
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
If you are a secure tenant under the Housing Act 1985, you can only be required
to leave your dwelling if your landlord obtains an order for possession from the
Court. The order must be based on one of the Grounds which are set out in the
1985 Act (see paragraphs 3 and 4 below).
If you are willing to give up possession without a Court order, you should notify
the person who signed this Notice as soon as possible and say when you would
leave.
3. Possession will be sought on Ground(s)............................of Schedule 2 to
the Housing Act 1985, which reads:-
[give the text in full of each Ground which is being relied on]
Whatever Grounds for possession are set out in paragraph 3 of this Notice, the
Court may allow any of the other Grounds to be added at a later stage. If this is
done, you will be told about it so you can argue at the hearing in Court about the
new Ground, as well as the Grounds set out in paragraph 3, if you want to.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 65
4. Particulars of each ground are as follows:-
[give a full explanation of why each Ground is being relied upon]
Before the Court will grant an order on any of the Grounds 1 to 8 or 12 to 16, it
must be satisfied that it is reasonable to require you to leave. This means that, if
one of these Grounds is set out in paragraph 3 of this Notice, you will be able to
argue at the hearing in Court that it is not reasonable that you should have to
leave, even if you accept that the Ground applies.
Before the Court grants an order on any of the Grounds 9 to 16, it must be
satisfied that there will be suitable alternative accommodation for you when you
have to leave. This means that the Court will have to decide that, in its opinion,
there will be other accommodation which is reasonably suitable for the needs of
you and your family, taking into particular account various factors such as the
nearness of your place of work, and the sort of housing that other people with
similar needs are offered. Your new home will have to be let to you on another
secure tenancy or a private tenancy under the Rent Act of a kind that will give
you similar security. There is no requirement for suitable alternative
accommodation where Grounds 1 to 8 apply.
If your landlord is not a local authority, and the local authority gives a certificate
that it will provide you with suitable accommodation, the Court has to accept the
certificate.
One of the requirements of Ground 10A is that the landlord must have approval
for the redevelopment scheme from the Secretary of State (or, in the case of a
landlord of a property in England which is a private registered provider of social
housing, from the Regulator of Social Housing). The landlord must have
consulted all secure tenants affected by the proposed redevelopment scheme.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 66
Cross out this paragraph if possession is being sought on Ground 2 of Schedule
2 to the Housing Act 1985 (whether or not possession is also sought on another
Ground)
5. The Court proceedings for possession will not be begun until after:
.................................................................................................................................
[give the date after which Court proceedings can be brought]
Court proceedings cannot be begun until after this date, which cannot be earlier
than the date when your tenancy or licence could have been brought to an end.
This means that if you have a weekly or fortnightly tenancy, there should be at
least 4 weeks between the date this Notice is given and the date in this
paragraph.
After this date, court proceedings may be begun at once or at any time during the
following twelve months. Once the twelve months are up this Notice will lapse
and a new Notice must be served before possession can be sought.
Cross out this paragraph if possession not being sought on Ground 2 of
Schedule 2 to the Housing Act 1985
5. Court proceedings for possession of the dwelling-house can be begun
immediately. The date by which the tenant is to give up possession of the
dwelling-house is:
.................................................................................................................................
[give the date by which the tenant is to give up possession of the dwelling-house]
Court proceedings may be begun at once or at any time during the following
twelve months. Once the twelve months are up this Notice will lapse and a new
notice must be served before possession can be sought.
Possession of your dwelling-house cannot be obtained until after this date, which
cannot be earlier than the date when your tenancy or licence could have been
brought to an end. This means that if you have a weekly or fortnightly tenancy,
there should be at least 4 weeks between the date this Notice is given and the
date possession is ordered..
Signed...............................................................
On behalf of......................................................
Address.............................................................
...........................................................................
Tel No................................................................
Date...................................................................
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 67
Notice of Seeking Possession – Secure Tenancy (Fixed-term)
NOTICE OF SEEKING POSSESSION
Housing Act 1985, section 83
This Notice may lead to your being required to leave your dwelling. You should
read it very carefully.
1. To.............................................................................................................................
(names of secure tenants)
If you need advice about this Notice, and what you should do about it, take it as
quickly as possible to a Citizen's Advice Bureau, a Housing Aid Centre or a Law
Centre, or to a Solicitor. You may be able to receive Legal Aid but this will
depend on your personal circumstances.
2. The ..........................................................................................[name of landlord]
intends to apply to the Court for an order terminating your tenancy and
requiring you to give up possession of:
.................................................................................................................................
................................................................................................................................
This Notice applies to you if you are a secure tenant under the Housing Act 1985
and if your tenancy is for a fixed term, containing a provision which allows your
landlord to bring it to an end before the fixed term expires. This may be because
you have got into arrears with your rent or have broken some other condition of
the tenancy. This is known as a provision for re-entry or forfeiture. The Act does
not remove the need for your landlord to bring an action under such a provision,
nor does it affect your right to seek relief against re-entry or forfeiture, in other
words to ask the Court not to bring the tenancy to an end. The Act gives
additional rights to tenants, as described below.
If you are a secure tenant and have a fixed term tenancy, it can only be
terminated and you can only be evicted if your landlord obtains an order for
possession from the Court. The order must be based on one of the Grounds
which are set out in the 1985 Act (see paragraphs 3 and 4 below).
If you are willing to give up possession without a Court order, you should notify
the person who signed this Notice as soon as possible and say when you would
leave.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 68
3. Termination of your tenancy and possession will be sought on
Ground(s)............................of Schedule 2 to the Housing Act 1985, which
reads:-
[give the text in full of each Ground which is being relied on]
Whatever Grounds for possession are set out in paragraph 3 of this Notice, the
Court may allow any of the other Grounds to be added at a later stage. If this is
done, you will be told about it so you can argue at the hearing in Court about the
new Ground, as well as the Grounds set out in paragraph 3, if you want to.
4. Particulars of each ground are as follows:-
[give a full explanation of why each Ground is being relied upon]
Before the Court will grant an order on any of the Grounds 1 to 8 or 12 to 16, it
must be satisfied that it is reasonable to require you to leave. This means that, if
one of these Grounds is set out in paragraph 3 of this Notice, you will be able to
argue at the hearing in Court that it is not reasonable that you should have to
leave, even if you accept that the Ground applies.
Before the Court grants an order on any of the Grounds 9 to 16, it must be
satisfied that there will be suitable alternative accommodation for you when you
have to leave. This means that the Court will have to decide that, in its opinion,
there will be other accommodation which is reasonably suitable for the needs of
you and your family, taking into particular account various factors such as the
nearness of your place of work, and the sort of housing that other people with
similar needs are offered. Your new home will have to be let to you on another
secure tenancy or a private tenancy under the Rent Act of a kind that will give
you similar security. There is no requirement for suitable alternative
accommodation where Grounds 1 to 8 apply.
If your landlord is not a local authority, and the local authority gives a certificate
that it will provide you with suitable accommodation, the Court has to accept the
certificate.
One of the requirements of Ground 10A is that the landlord must have approval
for the redevelopment scheme from the Secretary of State (or, in the case of a
landlord of a property in England which is a private registered provider of social
housing, from the Regulator of Social Housing). The landlord must have
consulted all secure tenants affected by the proposed redevelopment scheme.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 69
5. The Court proceedings will not be begun until after
.................................................................................................................................
[give the date after which Court proceedings can be brought]
Court proceedings cannot be begun until after this date, which cannot be earlier
than the date when your tenancy or licence could have been brought to an end.
This means that if you have a weekly or fortnightly tenancy, there should be at
least 4 weeks between the date this Notice is given and the date in this
paragraph.
After this date, court proceedings may be begun at once or at any time during the
following twelve months. Once the twelve months are up this Notice will lapse
and a new Notice must be served before possession can be sought.
Signed...............................................................
On behalf of......................................................
Address.............................................................
...........................................................................
Tel No................................................................
Date...................................................................
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 70
Appendix 2
Notice of Seeking Possession – Assured Tenancy
FORM NO 3:
NOTICE SEEKING POSSESSION OF A PROPERTY LET ON AN ASSURED
TENANCY OR AN ASSURED AGRICULTURAL OCCUPANCY
Please write clearly in black ink.
Please tick boxes where appropriate and cross out text marked with an asterisk
(*) that does not apply.
This form should be used where possession of accommodation let under an
assured tenancy, an assured agricultural occupancy or an assured shorthold
tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1988.
Do not use this form if possession is sought on the “shorthold” ground under
section 21 of the Housing Act 1988 from an assured shorthold tenant where the
fixed term has come to an end or, for assured shorthold tenancies with no fixed
term which started on or after 28th February 1997, after six months has elapsed.
There is no prescribed form for these cases, but you must give notice in writing.
______________________________________________________________________
1. To:
............................................................................................................................................
Name(s) of tenant(s)/licensee(s)*
2. Your landlord/licensor* intends to apply to the court for an order requiring
you to give up possession of:
............................................................................................................................................
............................................................................................................................................
Address of premises
3. Your landlord/licensor* intends to seek possession on ground(s)……….…..
………………………………………………………………………..…………...............
in Schedule 2 to the Housing Act 1988, as amended by the Housing Act
1996, which read(s):
............................................................................................................................................
............................................................................................................................................
Give the full text (as set out in the Housing Act 1988 as amended by the Housing Act
1996) of each ground which is being relied on. Continue on a separate sheet if
necessary.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 71
4. Give a full explanation of why each ground is being relied on:
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
............................................................................................................................................
Continue on a separate sheet if necessary.
Notes on the grounds for possession:
If the court is satisfied that any of grounds 1 to 8 is established, it must make an
order (but see below in respect of fixed term tenancies).
Before the court will grant an order on any of grounds 9 to 17, it must be satisfied
that it is reasonable to require you to leave. This means that, if one of these
grounds is set out in section 3, you will be able to suggest to the court that it is
not reasonably that you should have to leave, even if you accept that the ground
applies.
The court will not make an order under grounds 1, 3 to 7, 9 or 16, to take effect
during the fixed term of the tenancy (if there is one) and it will only make an order
during the fixed term on grounds 2, 8, 10 to 15 or 17 if the terms of the tenancy
make provision for it to be brought to an end on any of these grounds.
Where the court makes an order for possession solely on ground 6 or 9, the
landlord must pay your reasonable removal expenses.
5. The court proceedings will not begin until after:
............................................................................................................................................
Give the earliest date on which court proceedings can be brought
Where the landlord is seeking possession on grounds 1, 2, 5 to 7, 9 or 16, court
proceedings cannot begin earlier than 2 months from the date this notice is
served on you (even where one of grounds 3, 4, 8, 10 to 13, 14A, 15 or 17 is
specified) and not before the date on which the tenancy (had it not been assured)
could have been brought to an end by a notice to quit served at the same time as
this notice.
Where the landlord is seeking possession on grounds 3, 4, 8, 10 to 13, 14A, 15
or 17, court proceedings cannot begin earlier than 2 weeks from the date this
notice is served (unless one of 1, 2, 5 to 7, 9 or 16 grounds is also specified in
which case they cannot begin earlier than two months from the date this notice is
served).
Where the landlord is seeking possession on ground 14 (with or without other
grounds), court proceedings cannot begin before the date this notice is served.
Where the landlord is seeking a possession on ground 14A, court proceedings
cannot begin unless the landlord has served, or has taken all reasonable steps to
serve, a copy of this notice on the partner who has left the property.
After the date shown in section 5, court proceedings may be begun at once but
not later than 12 months from the date on which this notice is served. After this
time the notice will lapse and a new notice must be served before possession
can be sought.
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 72
6. Name and address of landlord/licensor*.
To be signed and dated by the landlord or licensor or his agent (someone acting for
him). If there are joint landlords each landlord or the agent must sign unless one signs
on behalf of the rest with their agreement.
Signed............................................................... Date....................................................
Please specify whether: landlord licensor joint landlords landlord’s agent
Name(s) (Block Capitals)
............................................................................................................................................
Address
............................................................................................................................................
............................................................................................................................................
Telephone
Daytime................................................... Evening......................................................
What to do if this notice is served on you:
This notice is the first step requiring you to give up possession of your home.
You should read it very carefully.
Your landlord cannot make you leave your home without an order for possession
issued by a court. By issuing this notice your landlord is informing you that he
intends to seek such an order. If you are willing to give up possession without a
court order, you should tell the person who signed this notice as soon as possible
and say when you are prepared to leave.
Whichever grounds are set out in section 3 of this form, the court may allow any
of the other grounds to be added at a later date. If this is done, you will be told
about it so you can discuss the additional grounds at the court hearing as well as
the grounds set out in section 3.
If you need advice about this notice, and what you should do about it, take it
immediately to a Citizen’s Advice Bureau, a housing advice centre, a law centre
or a solicitor.
(This form is also available electronically at Assured tenancy forms (Form 3).)
HOUSING LAW: SUPPORTING TENANTS WITH A DISABILITY – AUGUST 2015 73
For More Information you can contact:
Mencap WISE on 0808 8000 300 (Monday to Friday, 9am – 5 pm)
Or e-mail [email protected].uk ,
Acknowledgements:
The students who have been involved in devising and updating this tool kit are:
Version 1 (August 2015) – Dominic Evans, Nathan Hinks, Abigail Walbridge and Alice Williams.