Ground 2za
Housing Act 1985, Schedule 2
Explanation
Explanation
Explanation
What is Ground 2za
The landlord can issue a claim for possession under this Ground if:
a) the tenant or an adult who lives in the property has been convicted of an indictable offence (serious offence)
and
b) the offence took place during a riot in the UK
Meaning of riot: A riot means when 12 or more people in the same place, use or threaten unlawful violence for a common purpose, and their actions would cause someone to fear for their personal safety
Discretionary Ground – Has to be reasonable to grant possession
A discretionary ground means that even if the ground is proven, the court must still decide whether it is reasonable to grant possession based on the circumstances of the case.
Guide
Guide
Guide
What You Can Do
Follow this step-by-step guide
1
Check Notice Requirements
After Checking the Requirements
The Notice has not been served or is invalid
If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.
The Notice has been served and is valid
Proceed to Step 2.
1
Check Notice Requirements
After Checking the Requirements
The Notice has not been served or is invalid
If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.
The Notice has been served and is valid
Proceed to Step 2.
1
Check Notice Requirements
After Checking the Requirements
The Notice has not been served or is invalid
If notice has not been served or is in valid, then this must be outlined in the defence form or to the court.
The Notice has been served and is valid
Proceed to Step 2.
2
Check the Claim form & Particulars of Claim Requirements
After Checking the Requirements
The requirements for the Claim form & Particulars were not followed
Then this must be outlined in the defence form or to the court.
The requirements for the Claim form & particulars were followed
Proceed to Step 3.
2
Check the Claim form & Particulars of Claim Requirements
After Checking the Requirements
The requirements for the Claim form & Particulars were not followed
Then this must be outlined in the defence form or to the court.
The requirements for the Claim form & particulars were followed
Proceed to Step 3.
2
Check the Claim form & Particulars of Claim Requirements
After Checking the Requirements
The requirements for the Claim form & Particulars were not followed
Then this must be outlined in the defence form or to the court.
The requirements for the Claim form & particulars were followed
Proceed to Step 3.
3
Review the Pre-Court Action Requirements
After Checking the Requirements
The Pre-Court Action requirements were not followed
Then this must be outlined in the defence form or to the court.
The Pre-Court Action requirements were followed
Proceed to Step 4.
3
Review the Pre-Court Action Requirements
After Checking the Requirements
The Pre-Court Action requirements were not followed
Then this must be outlined in the defence form or to the court.
The Pre-Court Action requirements were followed
Proceed to Step 4.
3
Review the Pre-Court Action Requirements
After Checking the Requirements
The Pre-Court Action requirements were not followed
Then this must be outlined in the defence form or to the court.
The Pre-Court Action requirements were followed
Proceed to Step 4.
4
Check if This Ground Can Be Disputed
After Checking the Requirements
The Ground can be disputed
Then this must be outlined in the defence form or to the court.
The Ground cannot be disputed
Proceed to Step 5.
4
Check if This Ground Can Be Disputed
After Checking the Requirements
The Ground can be disputed
Then this must be outlined in the defence form or to the court.
The Ground cannot be disputed
Proceed to Step 5.
4
Check if This Ground Can Be Disputed
After Checking the Requirements
The Ground can be disputed
Then this must be outlined in the defence form or to the court.
The Ground cannot be disputed
Proceed to Step 5.
5
Is it Reasonable to Grant Possession?
After Checking the Requirements
There are factors which would make possession unreasonable
Then this must be outlined in the defence form or to the court.
There are no factors relating to reasonableness
Proceed to Step 6.
5
Is it Reasonable to Grant Possession?
After Checking the Requirements
There are factors which would make possession unreasonable
Then this must be outlined in the defence form or to the court.
There are no factors relating to reasonableness
Proceed to Step 6.
5
Is it Reasonable to Grant Possession?
After Checking the Requirements
There are factors which would make possession unreasonable
Then this must be outlined in the defence form or to the court.
There are no factors relating to reasonableness
Proceed to Step 6.
6
Review Human Rights, The Equality Act & Public Law
After Reviewing
There are valid defences under Human Rights, Equality or Public Law
Then this must be outlined in the defence form or to the court.
There are no defences under Human Rights, Equality or Public Law
Proceed to the FAQ section below.
6
Review Human Rights, The Equality Act & Public Law
After Reviewing
There are valid defences under Human Rights, Equality or Public Law
Then this must be outlined in the defence form or to the court.
There are no defences under Human Rights, Equality or Public Law
Proceed to the FAQ section below.
6
Review Human Rights, The Equality Act & Public Law
After Reviewing
There are valid defences under Human Rights, Equality or Public Law
Then this must be outlined in the defence form or to the court.
There are no defences under Human Rights, Equality or Public Law
Proceed to the FAQ section below.
FAQ
FAQ
FAQ
Frequently Asked Questions
What to do if Possession is Ordered?
Check the Type of Order
Outright Order: You must leave by the date (usually 14 days).
Suspended/Postponed: You can stay if you meet the conditions (e.g. pay arrears).
Ask for More Time
Apply for up to 6 weeks if eviction would cause exceptional hardship.
Ask at court or apply within 14 days.
Challenge the Order
Appeal if there was a legal mistake.
Set aside if you missed the hearing and had a good reason.
Suspend the Eviction Warrant
If a bailiff’s warrant is issued, apply to suspend it using Form N244.
Show you’ve resolved the issue or need more time.
Get Homelessness Help
Apply to the council as homeless before eviction.
They must help if you're eligible.
What to do if Possession is Ordered?
What to do if Possession is Ordered?
How to include the challenges of Multiple Different challenges from above in the Defence form?
How to include the challenges of Multiple Different challenges from above in the Defence form?
How to include the challenges of Multiple Different challenges from above in the Defence form?
How to make my arguments relating to the challenges I identified, at Court?
How to make my arguments relating to the challenges I identified, at Court?
How to make my arguments relating to the challenges I identified, at Court?
Can Possession be Delayed?
Can Possession be Delayed?
Can Possession be Delayed?
Where can I get extra support?
Where can I get extra support?
Where can I get extra support?
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.