Court factors for possession on ground 14 (HA 1988 s. 9A)
Court factors for possession on ground 14: effect on others, likely future effect, tenant's co-operation. Extra regard for HMO tenants.
9A This section applies if the court is considering under section 7(4) whether it is reasonable to make an order for possession on ground 14 set out in Part 2 of Schedule 2 (conduct of tenant or other person). The court must consider, in particular— the effect that the nuisance or annoyance has had on persons other than the person against whom the order is sought; any continuing effect the nuisance or annoyance is likely to have on such persons; the effect that the nuisance or annoyance would be likely to have on such persons if the conduct is repeated. whether the person against whom the order is sought has co-operated with any attempt by the landlord to encourage the conduct to cease. Where the person against whom the order is sought is a tenant occupying an HMO, in considering effects mentioned in subsection (2)(a) the court must have particular regard to the effect on other occupiers who share with that person accommodation or facilities within the HMO. For the purposes of subsection (3) occupiers of an HMO share accommodation or facilities if they are each entitled to use that accommodation or those facilities under the terms of a tenancy or licence to occupy. In subsection (3) “ HMO ” has the same meaning as in Part 2 of the Housing Act 2004 (see section 77 of that Act).
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 tells the court what to consider when deciding whether it is reasonable to make a possession order on ground 14 (anti-social behaviour) under section 7(4).
The court must look at the effect the nuisance or annoyance has had on other people, any continuing effect it is likely to have, and the effect it would be likely to have if the conduct is repeated. The court must also consider whether the tenant has co-operated with any attempt by the landlord to get the conduct to stop.
If the tenant is in an HMO (house in multiple occupation, as defined in Part 2 of the Housing Act 2004), the court must pay particular attention to the effect on other occupiers who share accommodation or facilities with that tenant.
When it applies
- A tenant's loud music regularly disturbs neighbours, and the landlord seeks possession.
- A tenant's visitors cause harassment to other residents in the building.
- A tenant's dog barks constantly, and the landlord has asked the tenant to control it but the tenant has not co-operated.
- A tenant in an HMO repeatedly leaves rubbish in shared areas, affecting other occupiers.
What this section does not say
- It does not cover possession on grounds other than ground 14, such as rent arrears or breach of tenancy.
- It does not define what constitutes anti-social behaviour or nuisance.
- It does not set out the procedure for serving a notice of possession proceedings.
- It does not apply to cases where the possession order is sought on absolute grounds (e.g., ground 7A for domestic violence).
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This page reproduces the text of HA 1988 s. 9A 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.