Section 7 — Housing Act 1988: Orders for possession.

Orders for possession. 7 1 The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the Law of Property Act 1925, who has lent money on the security of the assured tenancy.

2 The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.

3 If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then , subject to subsections (5A) and (6) the following provisions of this section and section 10A below (and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998) , the court shall make an order for possession.

4 If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, subject to subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.

5 Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule . 5ZA The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where—

a a smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”),

b the agricultural tenancy came to an end as a result of the operation of a notice to quit given in case A in Part 1 of Schedule 3 to that Act (“case A”),

c the assured tenancy was granted immediately after the agricultural tenancy came to an end, and d the dwelling-house is let under the assured tenancy—

i by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or ii by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which— A the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and B this subsection is to apply. 5ZB The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act. 5A The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—

a Grounds 1 , 2 , 5 to 5H, 6A, 6B , 7A and 7B in Part I of Schedule 2 to this Act;

b Ground 16 in Part II of that Schedule;

and c if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act. 5B The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A. 5C In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 , Ground 6 is to apply as if—

a in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted;

b in the general redevelopment conditions, paragraph (f) was omitted;

c in the landlord’s acquisition condition, in paragraph (a), the reference to the grant of the tenancy is a reference to the grant of the long residential tenancy which existed immediately before the assured periodic tenancy arose. 5D If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within—

a the period of 14 days beginning with the date of service of the notice under section 8; or b where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning—

i if a purported notice of possession (within the meaning given by section 16M) was served on the tenant and the court considers it just and equitable, with the date on which the notice was served;

ii otherwise, with the date on which the proceedings for possession began. 5E In subsection (5C), a reference to a “ long residential tenancy ” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.

6 The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

a the ground for possession is Ground 2 , Ground 7A , Ground 7B or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16;

and b the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise). 6A In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act. 6B The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.

7 Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) in accordance with section 5(1A) .