Section 7 Housing Act 1988: the grounds on which a possession order can be made
Section 7 HA 1988: a court cannot order possession of an assured tenancy except on a Schedule 2 ground - mandatory under Part I, discretionary under Part II.
Official text
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HA 1988 s. 7 — United Kingdom
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. 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. 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. 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. 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 . 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 smallholding was previously let to the tenant under a tenancy to which the Agricultural Holdings Act 1986 applies (“the agricultural tenancy”), 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”), the assured tenancy was granted immediately after the agricultural tenancy came to an end, and the dwelling-house is let under the assured tenancy— by the person who was the landlord under the agricultural tenancy (“the former agricultural landlord”), or by another person pursuant to a contract or other agreement entered into with the former agricultural landlord under which— the dwelling-house is to be let as suitable alternative accommodation for the purposes of paragraph (b) of case A, and this subsection is to apply. 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. 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,— Grounds 1 , 2 , 5 to 5H, 6A, 6B , 7A and 7B in Part I of Schedule 2 to this Act; Ground 16 in Part II of that Schedule; and 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. 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. 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— in paragraph (b), the words “, but only in a case where section 7(5ZA) applies in relation to the tenancy” were omitted; in the general redevelopment conditions, paragraph (f) was omitted; 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. 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— the period of 14 days beginning with the date of service of the notice under section 8; or where the court has exercised the power conferred by section 8(1)(b), the period of 14 days beginning— 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; otherwise, with the date on which the proceedings for possession began. 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. 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— 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 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). 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. 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. 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) .
Section 7 is the rule that a possession order needs a ground. 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. Everything else in the possession process - the notice under section 8, the court's discretion under section 9 - hangs off which ground is being relied on.
The division between Part I and Part II of Schedule 2 is the division between mandatory and discretionary. If a Part I ground is established, subsection (3) says the court "shall make an order for possession", subject to the exceptions later in the section and to any available defence based on the tenant's Convention rights. If a Part II ground is established, subsection (4) says the court "may make an order for possession if it considers it reasonable to do so". Reasonableness is a genuine and wide-ranging inquiry - the tenant's circumstances, the history of the tenancy and the effect of an order all come into it - and it exists only on the discretionary side.
Subsection (6) restricts possession during a fixed term: an order cannot take effect while the dwelling is let on an assured fixed term tenancy unless the ground is Ground 2, 7A, 7B or 8, or one of the Part II grounds other than Ground 9 or 16, and the tenancy itself provides for it to be brought to an end on that ground - by forfeiture, re-entry, notice or otherwise. The remaining subsections carve out cases involving former agricultural holdings, suitable alternative accommodation, and long residential tenancies under Schedule 10 to the Local Government and Housing Act 1989.
When it applies
A landlord starting possession proceedings and having to identify the ground relied on.
A tenant in arrears wanting to know whether the court has any discretion at all.
Possession sought part way through a fixed term where the tenancy has no forfeiture clause.
Anti-social behaviour proceedings where both mandatory and discretionary grounds are pleaded.
A tenant arguing that even if a discretionary ground is proved it is not reasonable to make an order.
What this section does not say
×It does not contain the grounds. They are in Schedule 2, and the detail of each - including the arrears figures - is there rather than here.
×It does not deal with the notice. The notice requirement and its periods are in section 8.
×It does not give the court a general discretion. On a Part I ground, once it is established, the court shall make the order subject only to the exceptions stated.
×It does not apply to occupiers who are not assured tenants, nor to mortgagee possession claims, which subsection (1) expressly puts outside this Part.
×It does not set the date for possession. Postponement, suspension and stays come from section 9, and section 9 does not apply on Part I grounds.
Worked examples
Invented situations, written to show how the wording bites. They are not real cases, not judgments and not precedent, and nothing here predicts what would happen in yours.
Illustrative example
A landlord issues possession proceedings citing three grounds at once - rent arrears, an allegation of nuisance to neighbours, and an intention to sell. The tenant cannot tell which of them the judge has any choice about.
How the wording applies
Section 7 is the rule that possession needs a ground from Schedule 2, and the Part I / Part II division is the whole answer to the tenant's question. On a Part I ground, once established, subsection (3) says the court shall make an order. On a Part II ground, subsection (4) says it may do so if it considers it reasonable. The fact that decides how much room there is to argue is therefore which Part each pleaded ground sits in - and reasonableness, along with the section 9 powers, exists only on the discretionary side.
How the parties settled it
The landlord agrees to withdraw the nuisance allegation in exchange for a written undertaking about noise, and the parties agree a repayment schedule for the arrears that both will ask the court to record.
Illustrative example
A landlord wants possession part way through a two-year fixed term because a relative needs the property. The tenancy contains no forfeiture clause.
How the wording applies
Subsection (6) restricts possession during a fixed term: an order cannot take effect while the dwelling is let on an assured fixed term tenancy unless the ground relied on is one of the listed ones and the tenancy makes provision for it to be brought to an end on that ground. The fact that closes the door here is the absence of any such provision in the agreement, quite apart from which ground is chosen.
How the parties settled it
The landlord offers to cover moving costs and release the tenant from the remaining term if they leave voluntarily by an agreed date, which the tenant accepts in writing.
The same problem elsewhere
The other legal systems in this collection answer the same everyday problem with their own provisions.
The comparison and these one-line summaries are in English.
The tenant has stopped paying and will not leave: what the law says in six jurisdictions
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
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This page reproduces the text of HA 1988 s. 7 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.