Shared accommodation possession rules – HA 1988 s. 10
No possession order for shared unless a like order for separate. Landlord may apply to court to modify or terminate rights to use shared except living.
This section applies in a case falling within subsection (1) of section 3 above and expressions used in this section have the same meaning as in that section. Without prejudice to the enforcement of any order made under subsection (3) below, while the tenant is in possession of the separate accommodation, no order shall be made for possession of any of the shared accommodation, whether on the application of the immediate landlord of the tenant or on the application of any person under whom that landlord derives title, unless a like order has been made, or is made at the same time, in respect of the separate accommodation; and the provisions of section 6 above shall have effect accordingly. On the application of the landlord, the court may make such order as it thinks just either— terminating the right of the tenant to use the whole or any part of the shared accommodation other than living accommodation; or modifying his right to use the whole or any part of the shared accommodation, whether by varying the persons or increasing the number of persons entitled to the use of that accommodation or otherwise. No order shall be made under subsection (3) above so as to effect any termination or modification of the rights of the tenant which, apart from section 3(3) above, could not be effected by or under the terms of the tenancy.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section applies when you have a tenancy of separate accommodation (like a bedroom) and also share other accommodation (like a kitchen or bathroom) with others. The landlord cannot get a court order to take possession of the shared accommodation unless they also get a possession order for the separate accommodation at the same time. The landlord can apply to the court to change or end your right to use the shared accommodation – but only the parts that are not living accommodation (e.g., not a shared living room). The court cannot make an order that would do something that the tenancy itself could not do, apart from any special rule in section 3(3) of the Act.
When it applies
- A landlord wants to evict a tenant from the shared kitchen but not from the separate bedroom.
- A landlord applies to court to stop a tenant using the shared garden, while the tenant keeps the separate flat.
- A tenant is in possession of a separate room and the landlord seeks possession of the shared bathroom.
- A landlord asks the court to modify the tenant's right to use a shared laundry room by adding more people.
What this section does not say
- Eviction from the entire property – that is covered by other grounds for possession under the Housing Act 1988.
- Disputes between tenants about who can use shared accommodation – this section only deals with landlord's actions.
- Landlord's right to enter shared accommodation – that is governed by the tenancy terms and other laws.
- Termination of the tenancy for non-payment of rent – that falls under different sections of the Act.
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This page reproduces the text of HA 1988 s. 10 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.