Compensation for tenant under Ground 6B: HA 1988 s. 11A
The court may order the landlord to pay compensation to the tenant for damage or loss sustained as a result of the order for possession on Ground 6B.
This section applies where a court makes an order for possession of a dwelling-house let on an assured tenancy on Ground 6B in Schedule 2 to this Act (whether or not the order is also made on any other ground). The court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by that tenant as a result of the order for possession. In deciding whether to make an order under this section, and what compensation to order, the court must (in particular) take into account the circumstances which led to Ground 6B being available as a ground for making an order for possession (including any conduct by the tenant which caused or contributed to Ground 6B being available).
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 a court has already decided to order possession of an assured tenancy on Ground 6B (one of the grounds in Schedule 2). It gives the court a power—not a duty—to order the landlord to pay the tenant a sum that the court thinks is enough to compensate for damage or loss the tenant suffered because of the possession order. The court must consider what made Ground 6B available in the first place, including any conduct by the tenant that caused or contributed to it. This means that even if the tenant has suffered loss, the court might decide not to award compensation, or to award less, if the tenant’s own behaviour played a part in the eviction.
When it applies
- A landlord obtains a possession order on Ground 6B to carry out substantial redevelopment, and the tenant claims compensation for the cost of moving to a new home.
- The tenant’s history of late rent payments contributed to the availability of Ground 6B, and the court weighs this against the tenant’s claim for removal expenses.
- After a possession order under Ground 6B, the tenant seeks compensation for storage fees and temporary accommodation while searching for a new tenancy.
- The landlord argues that the tenant’s breach of the tenancy agreement (such as subletting without permission) made Ground 6B available, so no compensation should be ordered.
What this section does not say
- This section does not require the landlord to pay compensation; it only gives the court discretion to order it.
- It does not apply to possession orders made on grounds other than Ground 6B (for example, rent arrears or anti-social behaviour).
- It does not compensate for damage to the property itself—that may be covered by other provisions such as s. 12 (compensation for misrepresentation or concealment).
- It does not set a fixed amount or formula for compensation; the court decides based on the specific circumstances.
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This page reproduces the text of HA 1988 s. 11A 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.