Ground 7b
Tenant Does Not Have a Right to Rent
What is Ground 7b - Tenant Does Not Have a Right to Rent
The landlord must prove that:
a) The Secretary of State (Home Office) has served a formal notice on the landlord stating that one or more of the tenants or lawful occupiers does not have a right to rent under immigration law.
b) The ground only applies where at least one person in the property does have a right to rent — i.e. it does not apply where all occupiers lack the right to rent.
c) The tenant did not acquire the right to rent after the notice was served (for example, through a change in immigration status).
Where a joint tenancy exists and at least one tenant still has a right to rent, the court has the discretion to transfer the tenancy to that tenant rather than make a possession order.
Minimum notice period that landlord will seek possession using this ground
Two weeks.
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.
What You Can Do
Follow this step-by-step guide