Ground 2

What must be proved: 
a) The property is subject to a mortgage or charge granted before the tenancy started. 
b)  The mortgage lender is entitled to possession under their power of sale (usually because the landlord is in default). 

Notice that landlord might seek possession under this ground

1. The landlord must have told the tenant before the tenancy began—in writing—that they might seek possession under Ground 2.  

2. The court has discretion to waive this requirement.

Possession during fixed term 
Allowed if tenancy agreement permits. 

Minimum notice period that landlord will seek possession using this ground  
Two months. 

Mandatory Ground 
As this is a mandatory ground, if the landlord proves the ground, the court must order possession. There is no power vested in the court to consider ‘reasonableness’ of granting possession in relation to this mandatory ground if the landlord is able to prove the requirements of the Ground.