Housing Act 1988

SCHEDULE 2 Grounds for Possession of Dwelling-houses let on Assured Tenancies

Section 7. Part I Grounds on which Court must order possession Ground 1 Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)— (a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or (b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his, his spouse’s or his civil partner's only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth. The current tenancy began at least 1 year before the relevant date and the landlord who is seeking possession requires the dwelling-house as the only or principal home of any of the following— the landlord; the landlord’s spouse or civil partner or a person with whom the landlord lives as if they were married or in a civil partnership; the landlord’s— parent; grandparent; sibling; child; grandchild; a child or grandchild of a person mentioned in paragraph (b). In the case of joint landlords seeking possession, references to “the landlord” in this ground are to be read as references to at least one of those joint landlords. When calculating whether the current tenancy began at least 1 year before the relevant date, both— the day when the current tenancy began, and the relevant date, must be included in the calculation. Ground 1A The following conditions are met— the landlord who is seeking possession intends to sell a freehold or leasehold interest in the dwelling-house or to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; either— the current tenancy began at least 1 year before the relevant date, or at the relevant date, notice of a compulsory acquisition in relation to the dwelling-house has been given, the landlord intends to sell their interest in the dwelling-house to the acquiring authority and the acquiring authority intends to acquire it; the landlord seeking possession is not— a non-profit registered provider of social housing, a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996, a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing. In paragraph (c)(ii), “sell” includes transfer. When calculating whether the current tenancy began at least 1 year before the relevant date, both— the day when the current tenancy began, and the relevant date, must be included in the calculation. Ground 1B The following conditions are met— the landlord who is seeking possession intends— to sell a freehold or leasehold interest in the dwelling-house, to grant a lease of the dwelling-house for a term certain of more than 21 years which is not terminable before the end of that term by notice given by or to the landlord, or to grant an assured tenancy to another person; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977 or section 4 of the Rent (Agriculture) Act 1976; the landlord who is seeking possession is a private registered provider of social housing; the assured tenancy was entered into pursuant to a rent-to-buy agreement; the period stated in that agreement has expired; the landlord who is seeking possession has complied with— any provision of the rent-to-buy agreement requiring the landlord to offer the dwelling-house for sale to the tenant, and any requirements in the agreement about such an offer. In this ground— “rent-to-buy agreement” means an agreement in writing which— provides for the tenant to pay rent that is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and gives notice that the landlord intends after a period stated in the agreement which is not less than 5 years or, for dwelling-houses in Greater London, 10 years from the beginning of the tenancy to offer the dwelling-house for sale to the tenant. Ground 2 The dwelling-house is subject to a mortgage granted before the beginning of the tenancy and— (a) the mortgagee is entitled to exercise a power of sale conferred on him by the mortgage or by section 101 of the Law of Property Act 1925; and (b) the mortgagee requires possession of the dwelling-house for the purpose of disposing of it with vacant possession in exercise of that power; and (c) either notice was given as mentioned in Ground 1 above or the court is satisfied that it is just and equitable to dispense with the requirement of notice; and for the purposes of this ground “mortgage” includes a charge and “mortgagee” shall be construed accordingly. Ground 2ZA The landlord who is seeking possession— holds the interest in the dwelling-house under a superior tenancy where— the superior landlord has given a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date, or the superior tenancy is a fixed term tenancy of a term certain which will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, and is, or, in the case of joint landlords seeking possession, at least one of them is— a private registered provider of social housing, a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or a company of which a local authority owns at least 50% of the issued share capital. Ground 2ZB The landlord who is seeking possession holds the interest in the dwelling-house under a superior tenancy which is a fixed term tenancy of a term certain of more than 21 years and— the fixed term will expire (if the tenancy does not come to an end earlier) within the period of 12 months beginning with the relevant date, or if the superior tenancy has continued following the expiry of the fixed term, any party to the superior tenancy has served a valid notice to terminate that tenancy as a result of which the superior tenancy will end within the period of 12 months beginning with the relevant date. Ground 2ZC The landlord who is seeking possession became the landlord by virtue of section 18 no more than 6 months before the date on which the possession proceedings were commenced, and the previous landlord under the assured tenancy was, or, in the case of previous joint landlords, at least one them was— a private registered provider of social housing, a tenant of the superior landlord under a tenancy of an agricultural holding within the meaning of the Agricultural Holdings Act 1986 which is a tenancy to which that Act applies, or a farm business tenancy within the meaning of the Agricultural Tenancies Act 1995, a person who held the dwelling-house for the purpose of making it available for occupation as supported accommodation, or a company of which a local authority owns at least 50% of the issued share capital. Ground 2ZD The landlord who is seeking possession became the landlord by virtue of section 18, no more than 6 months before the date on which the possession proceedings were commenced, as a result of a superior tenancy which was a fixed term tenancy of a term certain of more than 21 years coming to an end— on the expiry of the fixed term, within the period of 12 months ending with the date on which the fixed term would have expired if the tenancy had not come to an end, or after the expiry of the fixed term, as a result of a valid notice to terminate the tenancy. Ground 3 The tenancy is a fixed term tenancy for a term not exceeding eight months and— (a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and (b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was occupied under a right to occupy it for a holiday. Ground 4 The tenancy is a fixed term tenancy for a term not exceeding twelve months and— (a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and (b) at some time within the period of twelve months ending with the beginning of the tenancy, the dwelling-house was let on a tenancy falling within paragraph 8 of Schedule 1 to this Act and— (c) if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 14 of Schedule 15 to the Rent Act 1977, and (d) the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3. Ground 4A The following conditions are met— the dwelling-house is in an HMO or is an HMO, the tenant meets the student test when the tenancy is entered into, the landlord or, in the case of joint landlords, at least one of them, gives the tenant, before the tenancy is entered into, a written statement of the landlord’s wish to be able to recover possession on the basis that— the tenant meets the student test when the tenancy is entered into, and the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into, the period— beginning with the day on which the tenancy was entered into, and ending with the day on which the tenant was entitled to possession of the dwelling-house, is six months or less, the relevant date falls within the period beginning with 1 June and ending with 30 September in any year, and the landlord seeking possession intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into. For the purposes of the conditions in paragraphs (b), (c) and (f), a tenant meets the student test when a tenancy is entered into if— the tenant is a full-time student at that time, or at that time, the landlord reasonably believes that the tenant would become a full-time student during the tenancy. But, in a case where two or more persons are or would be the tenant, the tenant does not meet the student test unless all of those persons meet that test. In this ground, “full-time student” means a person receiving education provided by means of a full-time course— of any description mentioned in Schedule 6 to the Education Reform Act 1988 provided by an institution in England or Wales; of any description mentioned in section 38(2) of the Further and Higher Education (Scotland) Act 1992 provided by an institution in Scotland; of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) provided by an institution in Northern Ireland. In a case where, because of paragraph 8(7) of Schedule 1 to the 1988 Act, a tenancy becomes an assured tenancy, the condition in paragraph (c) of the first paragraph of this ground is met if the written statement referred to there is given within the period of 28 days beginning with the date on which the tenancy becomes an assured tenancy. Ground 5 The dwelling-house is held for the purpose of being available for occupation by a minister of religion as a residence from which to perform the duties of his office and— (a) not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground; and (b) the court is satisfied that the dwelling-house is required for occupation by a minister of religion as such a residence. (c) if the tenancy arose by succession as mentioned in section 39(5), notice was given to the previous tenant under Case 15 of Schedule 15 to the Rent Act 1977, and (d) the tenancy is not an assured agricultural occupancy in respect of which the agricultural worker condition is fulfilled by virtue of paragraph 3 of Schedule 3. Ground 5A The landlord seeking possession requires the dwelling-house for the purpose of housing a qualifying agricultural worker. For the purpose of this ground a person is a “qualifying agricultural worker” in case A or B. Case A is where— the person will be employed in agriculture as a seasonal or permanent employee under a contract of employment, and the employer under that contract is— the landlord, or in the case of joint landlords seeking possession, at least one of those landlords. Case B is where— the person will be— employed in agriculture under a contract of employment, but the employer under that contract is not the landlord or, in the case of joint landlords, any of those landlords, or working in agriculture under a contract that is not a contract of employment, whether the contract is express or implied and (if express) whether oral or in writing, the person will be employed or working in agriculture under that contract wholly or mainly for— the landlord, or in the case of joint landlords seeking possession, at least one of the landlords, and the relevant landlord intends that employment or work to continue for at least six months after the relevant date; and here “relevant landlord” means the landlord, or whichever of the joint landlords, the person will be wholly or mainly working for. In this ground— “agriculture” has the same meaning as in the Rent (Agriculture) Act 1976 (see section 1 of that Act); “contract of employment” has the meaning given by section 230(2) of the Employment Rights Act 1996. Ground 5B The landlord seeking possession— is a private registered provider of social housing, holds the dwelling-house for the purpose of accommodating persons who meet requirements connected with their employment, and requires the dwelling-house to let it under a new tenancy to a person who meets those requirements, and the tenant in possession does not fulfil those requirements. Ground 5C The dwelling-house was let to the tenant in consequence of the tenant’s employment— by the landlord seeking possession, in the case of joint landlords seeking possession, by at least one of them, by a previous landlord under the tenancy, or pursuant to an agreement between any of those landlords and the employer, and either— the tenant has ceased to be in that employment, or the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer. For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, or by a Local Health Board, shall be regarded as employment by the Secretary of State. This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications. “Employment” means service in the office of constable. In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons— the chief officer of a police force; a policing body; in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)— the senior person, or a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member. The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)— the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and— that purpose has been fulfilled, or the tenancy is no longer required for that purpose. In those modifications— “service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable; “chief officer of a police force” means— a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the chief constable of the Ministry of Defence Police, the chief constable of the British Transport Police, the chief constable of the Civil Nuclear Constabulary, the chief constable of the Police Service of Scotland, or the chief constable of the Police Service of Northern Ireland; “policing body” means— a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the Secretary of State in relation to the Ministry of Defence Police, the British Transport Police Authority, the Civil Nuclear Police Authority, the Scottish Police Authority, or the Northern Ireland Policing Board. Ground 5D The landlord seeking possession is a private registered provider of social housing, the tenancy agreement includes a requirement connected with the tenant’s employment and the tenant no longer fulfils that requirement. Ground 5E The landlord seeking possession requires possession of the dwelling-house to let it as supported accommodation where— the landlord holds the dwelling-house for the purpose of making it available for occupation as supported accommodation, and the tenant did not enter the assured tenancy for the purpose of receiving care, support or supervision. Ground 5F The dwelling-house was supported accommodation when the tenancy was granted and any of the following applies— the tenancy was granted for the purpose of providing the tenant with support services for a limited time in order to enable the tenant to be able to live in other accommodation in the future and the period for which those support services were to be provided has ended; a person other than the landlord provides or provided support services to the tenant, but— the support services have come to an end or the person is not fulfilling their obligations under the arrangements for the provision of those services, and where the dwelling-house is not managed accommodation, the landlord has used reasonable endeavours to find another person to provide support services to the tenant but has not been able to do so; where the accommodation or support services were funded wholly or partly by someone other than the landlord or the tenant— that funding is no longer being provided, where the dwelling-house is not managed accommodation, the landlord used reasonable endeavours to identify alternative funding before the relevant date but was not able to do so, and it would not be reasonable for the landlord to continue to provide accommodation or for the person who provided support services to continue that provision in the circumstances; the financial viability of the landlord or of supported accommodation or support services the landlord provides to others would, in the landlord’s reasonable opinion, be threatened if the landlord were to continue to provide or fund a supported accommodation project of which the tenant’s dwelling-house forms part and the landlord used reasonable endeavours to identify alternative funding for the project before the relevant date but was not able to do so; the tenant does not need the level of support services that are provided; the tenant does not need any support services; the support services that are provided do not meet the tenant’s needs; the dwelling-house has physical features intended to enable persons with needs for particular support services to live more independently than they could do so without those features and those physical features are not needed by the tenant; the dwelling-house is physically unsuitable for a person with the tenant’s needs for support services to live in. In paragraph (d), “supported accommodation project” means— supported accommodation consisting of two or more dwelling-houses in the same building as, or otherwise nearby, each other, supported accommodation consisting of two or more dwelling-houses occupied by tenants who receive support services of a similar kind, or support services of a similar kind provided to tenants of two or more dwelling-houses that are supported accommodation. In this ground, references to the “landlord” are to the landlord who is seeking possession. Ground 5G The tenant’s occupation of the dwelling-house was (at any time during the period of occupation) in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 and— the local housing authority has notified the landlord that the tenancy is not required for the purposes of that duty, and the relevant date is no more than 12 months after the date on which the local housing authority notified the landlord as mentioned in paragraph (a). In this ground “local housing authority” means a district council, a county council in England for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly. Ground 5H The landlord seeking possession is a registered provider of social housing or a charity and— the tenancy was granted because the tenant met one or more eligibility conditions, a written tenancy agreement set out the eligibility condition (the “specified condition”) or the eligibility conditions (the “specified conditions”) that the tenant met, either— the tenant no longer meets the specified condition or specified conditions, or the tenancy was granted in order to provide accommodation for a limited period to help the tenant transition to living independently and that period has come to an end, the rent is no higher than 80% of market rent (and here “rent” and “market rent” include any amount payable by way of service charge), and the tenancy was not granted— pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996, as a tenancy of supported accommodation, or in pursuance of a local housing authority’s duty under section 193 of the Housing Act 1996. Each of the following is an “eligibility condition” for the purposes of this ground— the tenant is in work, or work of a description specified in the condition, for which the tenant is paid; the tenant is actively seeking work, or work of a description specified in the condition, for which the tenant would be paid; the tenant is— of a particular age, or within a particular range of ages, specified in the condition. For the purposes of paragraph (a) or (b) of the definition of “eligibility condition”, a description of work may (in particular) be expressed by reference to— work for a particular employer or description of employer or work at a particular place of work or description of place of work; the amount which the tenant is paid for the work; the duration or expected duration of the contract or other arrangement under which the work is done. In this ground a reference— to work includes self-employment; to seeking work includes seeking to become self-employed. The question of whether the tenant no longer meets the specified condition or specified conditions is to be determined for the purposes of this ground in accordance with the terms of the tenancy agreement. But if— the terms of the tenancy agreement do not make any provision about that question, there are two or more specified conditions, and the tenant no longer meets one or more of those conditions, the tenant no longer meets the specified conditions for the purposes of this ground. The Secretary of State may by regulations (“eligibility condition regulations”) make provision (including provision amending this ground)— to add, vary or remove any eligibility condition; about the meaning of any eligibility condition. Eligibility condition regulations may make different provision for different purposes. A statutory instrument containing eligibility condition regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. Ground 6 The landlord who is seeking possession or, if that landlord is a non-profit registered provider of social housing, registered social landlord or charitable housing trust, or (where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008) a profit-making registered provider of social housing, a superior landlord intends to demolish or reconstruct the whole or a substantial part of the dwelling-house or to carry out substantial works on the dwelling-house or any part thereof or any building of which it forms part and the following conditions are fulfilled— (a) the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because— (i) the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, or (ii) the nature of the intended work is such that no such variation is practicable, or (iii) the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of his landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or (iv) the nature of the intended work is such that such a tenancy is not practicable; and (b) either the landlord seeking possession acquired his interest in the dwelling-house before the grant of the tenancy or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth; and (c) the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part I of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part II of that Schedule. For the purposes of this ground, if, immediately before the grant of the tenancy, the tenant to whom it was granted or, if it was granted to joint tenants, any of them was the tenant or one of the joint tenants of the dwelling-house concerned under an earlier assured tenancy or, as the case may be, under a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applied, any reference in paragraph (b) above to the grant of the tenancy is a reference to the grant of that earlier assured tenancy or, as the case may be, to the grant of the tenancy to which the said Schedule 10 applied. For the purposes of this ground “registered social landlord” has the same meaning as in the Housing Act 1985 (see section 5(4) and (5) of that Act) and “charitable housing trust” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, .... . . . These conditions are met— the general redevelopment conditions (in every case); the landlord’s acquisition condition, but only in a case where section 7(5ZA) applies in relation to the tenancy; the additional RSL condition, but only in a case where the landlord seeking possession is— a relevant social landlord, and the person who intends to carry out the work mentioned in this ground. The “general redevelopment conditions” are met if— the landlord seeking possession is mentioned in the first column in a row of the table in this ground; the tenancy is mentioned in the second column of that row; a person mentioned in the third column of that row intends to— demolish or reconstruct the whole or a substantial part of the dwelling-house, or carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part; the intended work cannot reasonably be carried out without the tenant giving up possession of the dwelling-house because— the tenant is not willing to agree to such a variation of the terms of the tenancy as would give such access and other facilities as would permit the intended work to be carried out, the nature of the intended work is such that no such variation is practicable, the tenant is not willing to accept an assured tenancy of such part only of the dwelling-house (in this sub-paragraph referred to as “the reduced part”) as would leave in the possession of the landlord so much of the dwelling-house as would be reasonable to enable the intended work to be carried out and, where appropriate, as would give such access and other facilities over the reduced part as would permit the intended work to be carried out, or the nature of the intended work is such that such a tenancy is not practicable; either — the assured tenancy began at least 6 months before the relevant date, or notice of a compulsory acquisition was given in respect of the dwelling-house where— the acquiring authority was the person who became the landlord who is seeking possession, and the dwelling-house was transferred to that landlord within the period of 12 months ending with the relevant date; the assured tenancy on which the dwelling-house is let did not come into being by virtue of any provision of Schedule 1 to the Rent Act 1977, as amended by Part 1 of Schedule 4 to this Act or, as the case may be, section 4 of the Rent (Agriculture) Act 1976, as amended by Part 2 of that Schedule. The “landlord’s acquisition condition” is met if— the landlord seeking possession acquired their interest in the dwelling-house before the grant of the tenancy, or that interest was in existence at the time of that grant and neither that landlord (or, in the case of joint landlords, any of them) nor any other person who, alone or jointly with others, has acquired that interest since that time acquired it for money or money’s worth. The “additional RSL condition” is met in case A, case B or case C. Case A: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect— it is let as a separate dwelling with adequate security of tenure; it is affordable; it is in an appropriate location; it is not overcrowded. Case B: a case where alternative accommodation that meets the following conditions is available for the tenant or will be available for the tenant when the order for possession takes effect— it is being provided temporarily until other alternative accommodation becomes available which will meet the conditions in case A; it is affordable; it is in an appropriate location; it is not overcrowded. Case C: a case where— the tenancy of the dwelling-house was not granted pursuant to a nomination as mentioned in section 159(2)(c) of the Housing Act 1996, when the tenancy was granted, the landlord intended to— demolish or reconstruct the whole or a substantial part of the dwelling-house, or carry out substantial works on the dwelling-house or any part of it, or any building of which it forms part, within a specific period, and the relevant social landlord gave the tenant, before the tenancy was entered into, a written statement of the landlord’s wish to be able to recover possession on the basis of that intention to carry out that work within that period (and that period must be included in the statement). For the purpose of the additional RSL condition, accommodation— is let “with adequate security of tenure” if it is let— on an assured tenancy, or on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy; is “affordable” if it is— no more expensive than the dwelling-house of which possession is being sought, or reasonably suitable to the means of the tenant; is “in an appropriate location” if it is— reasonably close to the dwelling-house of which possession is being sought, or reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work; is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985. Table Landlord seeking possession | Tenancy | Landlord intending to redevelop a relevant social landlord | any tenancy | the landlord who is seeking possession a superior landlord the unit-holder of a commonhold unit in relation to which a commonhold association exercises functions | a tenancy of a dwelling-house which is contained in or comprises the commonhold unit | the landlord who is seeking possession the commonhold association any landlord other than a relevant social landlord or a unit-holder of a commonhold unit in relation to which a commonhold association exercises functions | any tenancy | the landlord who is seeking possession In this ground— “commonhold association”, “commonhold unit” and “unit-holder” have the meanings given by Part 1 of the Commonhold and Leasehold Reform Act 2002 (see sections 11 to 13 and 34 of that Act); “relevant social landlord” means— a non-profit registered provider of social housing, a body registered as a social landlord in the register maintained under section 1 of the Housing Act 1996, a body registered as a social landlord in the register kept under section 20(1) of the Housing (Scotland) Act 2010, a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity, or where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing. Ground 6A These conditions are met— the landlord seeking possession (the “current landlord”) is a relevant social landlord; the dwelling-house (the “current home”) was made available for occupation by the tenant, or a predecessor in title of the tenant, to enable redevelopment of another dwelling-house (the “previous home”) which— was the only or principal home of the tenant or predecessor in title, and was occupied by the tenant or predecessor in title under a tenancy (the “previous tenancy”) of which the landlord was— a relevant social landlord, or a registered provider of social housing other than a private registered provider of social housing; alternative accommodation that— consists of the previous home and is affordable, or consists of other premises and is affordable, in an appropriate location and not overcrowded, is available for the tenant or will be available for the tenant when the order for possession takes effect; that alternative accommodation is to be let as a separate dwelling with adequate security of tenure. For the purpose of this ground, accommodation— is let “with adequate security of tenure” if it is let— on an assured tenancy, or on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by an assured tenancy; is “affordable” if it— is no more expensive than the previous home, making these assumptions— that the redevelopment of the previous home has not taken place, and that the tenant, or predecessor in title, has continued to be the tenant of the previous home under the previous tenancy, or is reasonably suitable to the means of the tenant; is “in an appropriate location” if it is— reasonably close to the previous home, or reasonably suitable to the needs of the tenant and the tenant’s family as regards proximity to place of work; is “overcrowded” if the result of the occupation of the accommodation by the tenant and the tenant’s family would be that it would be an overcrowded dwelling for the purposes of Part 10 of the Housing Act 1985. In this Ground— “redevelopment”, in relation to the dwelling-house that is the previous home, means— demolishing or reconstructing the whole or a substantial part of the dwelling-house, or carrying out substantial works on the dwelling-house or any part of it, or any building of which it forms part; “relevant social landlord” has the same meaning as in Ground 6. Ground 6B Any of the following applies— letting the dwelling-house causes the landlord to breach a banning order under section 16 of the Housing and Planning Act 2016, or would do so if the landlord were to continue to let the dwelling-house; an improvement notice under section 11 or 12 of the Housing Act 2004— specifies the dwelling-house or premises in which the dwelling-house is contained as requiring remedial action, and specifies overcrowding as the deficiency giving rise to the hazard in respect of which that remedial action is to be taken; a prohibition order under section 20 or 21 of the Housing Act 2004 prohibits use of— the dwelling-house, the common parts, or any part of the dwelling-house or of the common parts, either for all purposes or for any purpose that is incompatible with continued occupation by the tenant; the dwelling-house is or is in an HMO which is required to be licensed under section 61 of the Housing Act 2004, and— the landlord applied for a licence under section 63 of the Housing Act 2004 and the local housing authority refused to grant a licence, or the landlord held a licence but the licence has been revoked; the dwelling-house is or is in a house which is required to be licensed under section 85 of the Housing Act 2004, and— the landlord applied for a licence under section 87 of the Housing Act 2004 and the local housing authority refused to grant a licence, or the landlord held a licence but the licence has been revoked; the dwelling-house is or is in an HMO which is licensed under Part 2 of the Housing Act 2004 or a house which is licensed under Part 3 of that Act and that HMO or house is occupied by more than the maximum number of households or persons specified in the licence; compliance with a planning enforcement notice or injunction would be, or is, incompatible with continued occupation of the dwelling-house by the tenant. In this ground— “common parts” has the same meaning as in Ground 13; “house” has the same meaning as in Part 3 of the Housing Act 2004 (see section 99 of that Act); references to the “landlord” are to the landlord who is seeking possession or, in the case of joint landlords seeking possession, to at least one of them; “planning enforcement notice or injunction” means— an enforcement notice issued under section 172 or 182 of the TCPA 1990 that has taken effect, a breach of condition notice served under section 187A of the TCPA 1990, an injunction granted under section 187B of the TCPA 1990, a listed building enforcement notice issued under section 38, 45 or 46 of the P(LBCA)A 1990 that has taken effect, or an injunction granted under section 44A of the P(LBCA)A 1990; “P(LBCA)A 1990” means the Planning (Listed Building and Conservation Areas) Act 1990; “TCPA 1990” means the Town and Country Planning Act 1990; “the local housing authority” has the meaning given in section 261 of the Housing Act 2004. Ground 7 The tenancy is a periodic tenancy (including a statutory periodic tenancy), or a fixed term tenancy of a dwelling-house in England, which has devolved The tenancy has devolved on a person (the “new tenant”) under the will or intestacy of the former tenant and the proceedings for the recovery of possession are begun not later than twelve months after the death of the former tenant or, if the court so directs, after the date on which, in the opinion of the court, the landlord or, in the case of joint landlords, any one of them became aware of the former tenant’s death. But, if the new tenant is occupying the dwelling-house as the new tenant’s only or principal home immediately before the death of the former tenant, an order for possession on this Ground may not be made unless— the tenancy has previously devolved on the former tenant under a will or intestacy (whenever that devolution occurred), or the tenancy is a special tenancy immediately before the death of the former tenant. In this Ground “special tenancy” means— a tenancy of social housing (within the meaning given by Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing; a tenancy entered into pursuant to a rent-to-buy agreement (which has the same meaning as in Ground 1B) where the landlord is a private registered provider of social housing; a tenancy of supported accommodation, within the meaning given by paragraph 12 of Schedule 2; a tenancy where the former tenant’s occupation of the dwelling-house is in pursuance of a local housing authority’s duty to the tenant under section 193 of the Housing Act 1996 (and here “local housing authority” has the same meaning as in Ground 5G); a tenancy which meets the conditions in paragraphs (a), (b), (d) and (e) in the first paragraph of Ground 5H. For the purposes of this ground, the acceptance by the landlord of rent from a new tenant after the death of the former tenant shall not be regarded as creating a new ... tenancy, unless the landlord agrees in writing to a change (as compared with the tenancy before the death) in the amount of the rent, the period or length of termof the tenancy, the premises which are let or any other term of the tenancy. This ground does not apply to a fixed term tenancy that is a lease of a dwelling-house— (a) granted on payment of a premium calculated by reference to a percentage of the value of the dwelling-house or of the cost of providing it, or (b) under which the lessee (or the lessee's personal representatives) will or may be entitled to a sum calculated by reference, directly or indirectly, to the value of the dwelling-house. Ground 7A Any of the following conditions is met. Condition 1 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious offence, and (b) the serious offence— (i) was committed (wholly or partly) in, or in the locality of, the dwelling-house, (ii) was committed elsewhere against a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (iii) was committed elsewhere against the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and directly or indirectly related to or affected those functions. Condition 2 is that a court has found in relevant proceedings that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 or a respect order, other than a provision requiring a person to participate in a particular activity, and— (a) the breach occurred in, or in the locality of, the dwelling-house, or (b) the breach occurred elsewhere and the provision breached was a provision intended to prevent— (i) conduct that is capable of causing nuisance or annoyance to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) conduct that is capable of causing nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. Condition 3 is that the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under section 30 of the Anti-social Behaviour, Crime and Policing Act 2014 or section 339 of the Sentencing Code consisting of a breach of a provision of a criminal behaviour order prohibiting a person from doing anything described in the order, and the offence involved— (a) a breach that occurred in, or in the locality of, the dwelling-house, or (b) a breach that occurred elsewhere of a provision intended to prevent— (i) behaviour that causes or is likely to cause harassment, alarm or distress to a person with a right (of whatever description) to reside in, or occupy housing accommodation in the locality of, the dwelling-house, or (ii) behaviour that causes or is likely to cause harassment, alarm or distress to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions. Condition 4 is that— (a) the dwelling-house is or has been subject to a closure order under section 80 of the Anti-social Behaviour, Crime and Policing Act 2014, and (b) access to the dwelling-house has been prohibited (under the closure order or under a closure notice issued under section 76 of that Act) for a continuous period of more than 48 hours. Condition 5 is that— (a) the tenant, or a person residing in or visiting the dwelling-house, has been convicted of an offence under— (i) section 80(4) of the Environmental Protection Act 1990 (breach of abatement notice in relation to statutory nuisance), or (ii) section 82(8) of that Act (breach of court order to abate statutory nuisance etc.), and (b) the nuisance concerned was noise emitted from the dwelling-house which was a statutory nuisance for the purposes of Part 3 of that Act by virtue of section 79(1)(g) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance). Condition 1, 2, 3, 4 or 5 is not met if— (a) there is an appeal against the conviction, finding or order concerned which has not been finally determined, abandoned or withdrawn, or (b) the final determination of the appeal results in the conviction, finding or order being overturned. In this ground— “relevant proceedings” means— proceedings for an offence under section I1 of the Anti-social Behaviour, Crime and Policing Act 2014, proceedings under Schedule 2 to that Act, or proceedings for contempt of court; “respect order” means an order under section A1 of the Anti-social Behaviour, Crime and Policing Act 2014; “serious offence” means an offence which— was committed on or after the day on which this ground comes into force, is specified, or falls within a description specified, in Schedule 2A to the Housing Act 1985 at the time the offence was committed and at the time the court is considering the matter, and is not an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either-way offences where value involved is small). Ground 7B Both of the following conditions are met in relation to a dwelling-house in England. Condition 1 is that the Secretary of State has given a notice in writing to the landlord or, in the case of joint landlords, one or more of them which identifies— (a) the tenant or, in the case of joint tenants, one or more of them, or (b) one or more other persons aged 18 or over who are occupying the dwelling-house, as a person or persons disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. Condition 2 is that the person or persons named in the notice— (a) fall within paragraph (a) or (b) of condition 1, and (b) are disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy. For the purposes of this ground a person (“P”) is disqualified as a result of their immigration status from occupying the dwelling-house under the tenancy if— (a) P is not a relevant national, and (b) P does not have a right to rent in relation to the dwelling-house. P does not have a right to rent in relation to the dwelling-house if— (a) P requires leave to enter or remain in the United Kingdom but does not have it, or (b) P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the dwelling-house. But P is to be treated as having a right to rent in relation to a dwelling-house if the Secretary of State has granted P permission for the purposes of this ground to occupy a dwelling-house under an assured tenancy. In this ground “relevant national” means— (a) a British citizen, (aa) an Irish citizen, or (ab) a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020. (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ground 8 Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing— (a) if rent is payable weekly or fortnightly, at least eight thirteen weeks’ rent is unpaid; (b) if rent is payable monthly, at least two three months’ rent is unpaid; (c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and (d) if rent is payable yearly, at least three months’ rent is more than three months in arrears; and for the purpose of this ground “rent” means rent lawfully due from the tenant. When calculating how much rent is unpaid for the purpose of this ground, if the tenant is entitled to receive an amount for housing as part of an award of universal credit under Part 1 of the Welfare Reform Act 2012, any amount that was unpaid only because the tenant had not yet received the payment of that award is to be ignored. Part II Grounds on which Court may Order Possession Ground 9 Suitable alternative accommodation is available for the tenant or will be available for him when the order for possession takes effect. Ground 10 Some rent lawfully due from the tenant— (a) is unpaid on the date on which the proceedings for possession are begun; and (b) except where subsection (1)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings. Ground 11 Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due. Ground 12 Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed. Ground 13 The condition of the dwelling-house or any of the common parts has deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any other person residing in the dwelling-house and, in the case of an act of waste by, or the neglect or default of, a person lodging with the tenant or a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant. For the purposes of this ground, “common parts” means any part of a building comprising the dwelling-house and any other premises which the tenant is entitled under the terms of the tenancy to use in common with the occupiers of other dwelling-houses in which the landlord has an estate or interest. Ground 14 The tenant or a person residing in or visiting the dwelling-house— (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, (aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or (b) has been convicted of— (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes, or (ii) an indictable offence committed in, or in the locality of, the dwelling-house. Ground 14ZA The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom. In this Ground— “adult” means a person aged 18 or over; “indictable offence” does not include an offence that is triable only summarily by virtue of section 22 of the Magistrates' Courts Act 1980 (either way offences where value involved is small); “riot” is to be construed in accordance with section 1 of the Public Order Act 1986. This Ground applies only in relation to dwelling-houses in England. Ground 14A The dwelling-house was occupied (whether alone or with others) by a married couple, a couple who are civil partners of each other... or a couple living together as if they were a married couple or civil partners and— (a) one or both of the partners is a tenant of the dwelling-house, (b) the landlord who is seeking possession is a non-profit registered provider of social housing, a registered social landlord or a charitable housing trust or, where the dwelling-house is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, a profit-making registered provider of social housing, (c) one partner has left the dwelling-house because of violence or threats of violence by the other towards— (i) that partner, or (ii) a member of the family of that partner who was residing with that partner immediately before the partner left, and (d) the court is satisfied that the partner who has left is unlikely to return. For the purposes of this ground “registered social landlord” and “member of the family” have the same meaning as in Part I of the Housing Act 1996 and “ charitable housing trust ” means a housing trust, within the meaning of the Housing Associations Act 1985, which is a charity .... Ground 15 The condition of any furniture provided for use under the tenancy has, in the opinion of the court, deteriorated owing to ill-treatment by the tenant or any other person residing in the dwelling-house and, in the case of ill-treatment by a person lodging with the tenant or by a sub-tenant of his, the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant. Ground 16 5C The dwelling-house was let to the tenant in consequence of his employment by the landlord seeking possession or a previous landlord under the tenancy and the tenant has ceased to be in that employment. The dwelling-house was let to the tenant in consequence of the tenant’s employment— by the landlord seeking possession, in the case of joint landlords seeking possession, by at least one of them, by a previous landlord under the tenancy, or pursuant to an agreement between any of those landlords and the employer, and either— the tenant has ceased to be in that employment, or the tenancy was granted for the purpose of providing the tenant with accommodation during the early period of their employment, that purpose has been fulfilled and the landlord seeking possession intends to let the dwelling-house to another current or future employee of the employer. For the purposes of this ground, at a time when the landlord is or was the Secretary of State, employment by a health service body, as defined in section 60(7) of the National Health Service and Community Care Act 1990, or by a Local Health Board, shall be regarded as employment by the Secretary of State. This ground also applies to the letting of a dwelling-house to a tenant in consequence of the tenant’s service in the office of constable, but with the following modifications. “Employment” means service in the office of constable. In the first paragraph of this ground, in paragraph (d), “the employer” means any of the following persons— the chief officer of a police force; a policing body; in relation to a constable’s service under the direction and control of a person who is not a constable (the “senior person”)— the senior person, or a person or body with the function of maintaining or securing the maintenance of the body of which the senior person is a member. The first paragraph of this ground has effect as if the following were substituted for the second paragraph (b)— the tenancy was granted for a particular purpose relating to the tenant’s service as a constable and— that purpose has been fulfilled, or the tenancy is no longer required for that purpose. In those modifications— “service in the office of a constable” includes a constable’s service under the direction and control of a person who is not a constable; “chief officer of a police force” means— a chief officer of police (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the chief constable of the Ministry of Defence Police, the chief constable of the British Transport Police, the chief constable of the Civil Nuclear Constabulary, the chief constable of the Police Service of Scotland, or the chief constable of the Police Service of Northern Ireland; “policing body” means— a local policing body (which has the same meaning as in the Police Act 1996 — see section 101(1) of that Act), the Secretary of State in relation to the Ministry of Defence Police, the British Transport Police Authority, the Civil Nuclear Police Authority, the Scottish Police Authority, or the Northern Ireland Policing Board. Ground 17 The tenant is the person, or one of the persons, to whom the tenancy was granted and the landlord was induced to grant the tenancy by a false statement made knowingly or recklessly by— the tenant, or a person acting at the tenant’s instigation. Ground 18 The tenancy is of supported accommodation and the tenant has unreasonably refused to co-operate with the person providing support services with regard to those services. Part III Suitable Alternative Accommodation 1 For the purposes of Ground 9 above, a certificate of the local housing authority for the district in which the dwelling-house in question is situated, certifying that the authority will provide suitable alternative accommodation for the tenant by a date specified in the certificate, shall be conclusive evidence that suitable alternative accommodation will be available for him by that date. 2 Where no such certificate as is mentioned in paragraph I above is produced to the court, accommodation shall be deemed to be suitable for the purposes of Ground 9 above if it consists of either— (a) premises which are to be let as a separate dwelling such that they will then be let on an assured tenancy, other than— (i) a tenancy in respect of which notice is given not later than the beginning of the tenancy that possession might be recovered on any of Grounds 1 to 5 above, or (ii) an assured shorthold tenancy, within the meaning of Chapter II of Part I of this Act, or (b) premises to be let as a separate dwelling on terms which will, in the opinion of the court, afford to the tenant security of tenure reasonably equivalent to the security afforded by Chapter I of Part I of this Act in the case of an assured tenancy of a kind mentioned in sub-paragraph (a) above, and, in the opinion of the court, the accommodation fulfils the relevant conditions as defined in paragraph 3 below. 3 (1) For the purposes of paragraph 2 above, the relevant conditions are that the accommodation is reasonably suitable to the needs of the tenant and his family as regards proximity to place of work, and either— (a) similar as regards rental and extent to the accommodation afforded by dwelling-houses provided in the neighbourhood by any local housing authority for persons whose needs as regards extent are, in the opinion of the court, similar to those of the tenant and of his family; or (b) reasonably suitable to the means of the tenant and to the needs of the tenant and his family as regards extent and character; and that if any furniture was provided for use under the assured tenancy in question, furniture is provided for use in the accommodation which is either similar to that so provided or is reasonably suitable to the needs of the tenant and his family. (2) For the purposes of sub-paragraph (1)(a) above, a certificate of a local housing authority stating— (a) the extent of the accommodation afforded by dwelling-houses provided by the authority to meet the needs of tenants with families of such number as may be specified in the certificate, and (b) the amount of the rent charged by the authority for dwelling-houses affording accommodation of that extent, shall be conclusive evidence of the facts so stated. 4 Accommodation shall not be deemed to be suitable to the needs of the tenant and his family if the result of their occupation of the accommodation would be that it would be an overcrowded dwelling-house for the purposes of Part X of the Housing Act 1985. 5 Any document purporting to be a certificate of a local housing authority named therein issued for the purposes of this Part of this Schedule and to be signed by the proper officer of that authority shall be received in evidence and, unless the contrary is shown, shall be deemed to be such a certificate without further proof. 6 In this Part of this Schedule “local housing authority” and “district”, in relation to such an authority, have the same meaning as in the Housing Act 1985. Part IV Notices Relating to Recovery of Possession 7 Any reference in Grounds I to 5 in Part I of this Schedule or in the following provisions of this Part to the landlord giving a notice in writing to the tenant is, in the case of joint landlords, a reference to at least one of the joint landlords giving such a notice. 8 (1) If, not later than the beginning of a tenancy (in this paragraph referred to as “the earlier tenancy”), the landlord gives such a notice in writing to the tenant as is mentioned in any of Grounds I to 5 in Part I of this Schedule, then, for the purposes of the ground in question and any further application of this paragraph, that notice shall also have effect as if it had been given immediately before the beginning of any later tenancy falling within sub-paragraph (2) below. (2) Subject to sub-paragraph (3) below, sub-paragraph (1) above applies to a later tenancy— (a) which takes effect immediately on the coming to an end of the earlier tenancy; and (b) which is granted (or deemed to be granted) to the person who was the tenant under the earlier tenancy immediately before it came to an end; and (c) which is of substantially the same dwelling-house as the earlier tenancy. (3) Sub-paragraph (1) above does not apply in relation to a later tenancy if, not later than the beginning of the tenancy, the landlord gave notice in writing to the tenant that the tenancy is not one in respect of which possession can be recovered on the ground in question. 9 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground I in Part I of this Schedule, the reference in paragraph (b) of that ground to the reversion on the tenancy is a reference to the reversion on the earlier tenancy and on any later tenancy falling within paragraph 8(2) above. 10 Where paragraph 8(1) above has effect in relation to a notice given as mentioned in Ground 3 or Ground 4 in Part I of this Schedule, any second or subsequent tenancy in relation to which the notice has effect shall be treated for the purpose of that ground as beginning at the beginning of the tenancy in respect of which the notice was actually given. 11 Any reference in Grounds 1 to 5 in Part I of this Schedule to a notice being given not later than the beginning of the tenancy is a reference to its being given not later than the day on which the tenancy is entered into and, accordingly, section 45(2) of this Act shall not apply to any such reference. Part 5 Interpretation 12 (1) In this Schedule— “acquiring authority” means, where notice of a compulsory acquisition has been given, the person who would be authorised to make the compulsory acquisition if the order or legislation to which the notice relates were to become operative; “HMO” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act); “housing association” has the meaning given by section 1 of the Housing Associations Act 1985; “managed accommodation” means supported accommodation into which a tenant has been admitted in order to meet a need for care, support or supervision, in a case in which that care, support or supervision is provided otherwise than by the landlord or a person acting on behalf of the landlord; “relevant date”— in Grounds 2ZA, 2ZB and 5F, means the date of service of the notice under section 8; otherwise, means the date specified in the notice under section 8 but see sub-paragraph (2) where the court exercises the power conferred by section 8(1)(b);; “support services” in relation to a tenant in supported accommodation, means care, support or supervision— which is provided by the landlord or a person acting on behalf of the landlord, or which the tenant was admitted into the accommodation for the purpose of receiving; “supported accommodation” means a dwelling-house let— by— a housing association, a private registered provider of social housing, a registered charity, or a voluntary organisation, and to a tenant who receives care, support or supervision provided either— by the landlord or a person acting on behalf of the landlord, or by someone else, if the tenant has been admitted into the accommodation in order to meet a need for care, support or supervision. (2) Where the court exercises the power conferred by section 8(1)(b) (power to dispense with notice under section 8) references in this Schedule to the relevant date are to be read as references to the date on which proceedings for possession began. (3) For the purposes of this Schedule, each of the following constitutes giving notice of a compulsory acquisition— (a) in the case of a compulsory acquisition which is to be authorised by a compulsory purchase order— (i) publication of the notice required by section 11 of, or (as the case may be) paragraph 2 of Schedule 1 to, the Acquisition of Land Act 1981, in accordance with that Act, or (ii) service of the notice required by section 12 of, or (as the case may be) paragraph 3 of Schedule 1 to, that Act, in accordance with that Act; (b) in the case of a compulsory acquisition which is to be authorised by any other order, publication or service of any notice that any provision of or made under any Act requires to be published or served in connection with that acquisition, in accordance with that Act; (c) in the case of a compulsory acquisition which is to be authorised by a special enactment, publication or service of a notice that, in connection with that acquisition, is published or served in accordance with any Standing Order of either House of Parliament relating to private business. (4) In sub-paragraph (3)— “compulsory purchase order” means a compulsory purchase order within the meaning given by the Acquisition of Land Act 1981 (see section 2 of that Act); “special enactment” means— a local or private Act which authorises the compulsory acquisition of land specifically identified in that Act, or a provision which— is contained in an Act other than a local or private Act, and authorises the compulsory acquisition of land specifically identified in that Act. Part 6 Powers to amend certain grounds and definitions 13 (1) The Secretary of State may by regulations amend this Schedule so as to— (a) amend Ground 2ZA to change the descriptions of the landlord who may use the ground; (b) amend Ground 2ZC to change the descriptions of previous landlord mentioned in it; (c) provide for Ground 5C to apply only where the landlord seeking possession or the employer is of a particular description; (d) amend Ground 5H to change the descriptions of landlord who may use the ground; (e) add other situations to the list in the first paragraph of Ground 6B in which that ground may be relied on or remove any situations added by virtue of this sub-paragraph; (f) amend the definition of “special tenancy” in Ground 7; (g) amend the definition of “supported accommodation” or “managed accommodation” in paragraph 12. (2) Regulations under this paragraph may— (a) make consequential, supplementary, incidental, transitional or saving provision; (b) make different provision for different purposes. (3) Regulations under this paragraph are to be made by statutory instrument. (4) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.