Removal expense payments by social landlords HA 1988 s. 11
When social landlords get possession on Ground 6, 6A or 9 in Schedule 2, they must pay the tenant reasonable removal expenses as a civil debt.
This section applies to a dwelling-house let on an assured tenancy if— the landlord is a relevant social landlord, and the dwelling-house is social housing. Where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6 or Ground 9 the dwelling-house on Ground 6, 6A or 9 in Schedule 2 to this Act (but not on any other ground), the landlord shall pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the dwelling-house. If the court makes the order for possession on Ground 6 in circumstances where— the additional RSL condition is met, and that condition is met in case B (alternative accommodation provided temporarily until other alternative accommodation becomes available), the landlord must also pay to the tenant a sum equal to the reasonable expenses likely to be incurred by the tenant in removing from the alternative accommodation provided temporarily. Any question as to the amount of the sum referred to in subsection (1) or (1A) above shall be determined by agreement between the landlord and the tenant or, in default of agreement, by the court. Any sum payable to a tenant by virtue of this section shall be recoverable as a civil debt due from the landlord. In this section— “ relevant social landlord ” means— a private 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 , or a housing trust, within the meaning of the Housing Associations Act 1985 , which is a charity; “ social housing ” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 .
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
When a social landlord recovers possession of social housing let on an assured tenancy under Ground 6, Ground 6A or Ground 9 of Schedule 2, the landlord is required to pay the tenant a sum covering reasonable removal expenses.
If possession is ordered under Ground 6 where temporary alternative accommodation is provided before another home becomes available, the landlord must also pay reasonable expenses for moving out of the temporary accommodation.
If the landlord and tenant do not agree on the amount, the court decides. Unpaid amounts are recoverable from the landlord as a civil debt.
When it applies
- A housing association reclaims a flat under Ground 6 to redevelop the building and the tenant incurs moving costs.
- A social landlord obtains a possession order under Ground 9 because suitable alternative accommodation is made available to the tenant.
- A tenant is moved temporarily into interim housing under Ground 6 while waiting for permanent accommodation and must move again.
What this section does not say
- A private landlord who is not a relevant social landlord evicts a tenant under Ground 6 or Ground 9.
- A social landlord evicts a tenant for rent arrears or breach of tenancy rather than Ground 6, 6A or 9.
- A tenant voluntarily surrenders a tenancy or moves out without a court order for possession.
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This page reproduces the text of HA 1988 s. 11 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.