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Is it Reasonable to Grant Possession?
Ground 10 Rent Arrears
Disclaimer
Below are some examples of factors commonly raised at Court, however, this factors below are just some example, and are non-exhaustive. The Court may consider a wide and unlimited variety of factors.
Disclaimer
Below are some examples of factors commonly raised at Court, however, this factors below are just some example, and are non-exhaustive. The Court may consider a wide and unlimited variety of factors.
Disclaimer
Below are some examples of factors commonly raised at Court, however, this factors below are just some example, and are non-exhaustive. The Court may consider a wide and unlimited variety of factors.
1
Factor 1
"The tenant has made regular efforts to reduce the arrears"
Explanation
Where the tenant has made consistent payments towards reducing the arrears, even if the full debt remains, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the regularity of payments, whether a repayment plan was agreed and adhered to, and the overall reduction in arrears since the notice or claim was issued.
1
Factor 1
"The tenant has made regular efforts to reduce the arrears"
Explanation
Where the tenant has made consistent payments towards reducing the arrears, even if the full debt remains, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the regularity of payments, whether a repayment plan was agreed and adhered to, and the overall reduction in arrears since the notice or claim was issued.
1
Factor 1
"The tenant has made regular efforts to reduce the arrears"
Explanation
Where the tenant has made consistent payments towards reducing the arrears, even if the full debt remains, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the regularity of payments, whether a repayment plan was agreed and adhered to, and the overall reduction in arrears since the notice or claim was issued.
2
Factor 2
"The arrears arose due to circumstances beyond the tenant’s control"
Explanation
If the rent arrears were caused by delays in benefits, loss of employment, illness, or other temporary financial difficulties, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the nature and duration of the financial hardship, the tenant’s efforts to resolve the situation, and whether their current circumstances have stabilised.
2
Factor 2
"The arrears arose due to circumstances beyond the tenant’s control"
Explanation
If the rent arrears were caused by delays in benefits, loss of employment, illness, or other temporary financial difficulties, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the nature and duration of the financial hardship, the tenant’s efforts to resolve the situation, and whether their current circumstances have stabilised.
2
Factor 2
"The arrears arose due to circumstances beyond the tenant’s control"
Explanation
If the rent arrears were caused by delays in benefits, loss of employment, illness, or other temporary financial difficulties, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the nature and duration of the financial hardship, the tenant’s efforts to resolve the situation, and whether their current circumstances have stabilised.
3
Factor 3
"The tenant is engaging with support services"
Explanation
Where the tenant is actively engaging with the local authority, debt advisors, or other support services to manage or address the arrears, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the level of engagement, attendance at appointments, and whether any plans have been agreed with the landlord.
3
Factor 3
"The tenant is engaging with support services"
Explanation
Where the tenant is actively engaging with the local authority, debt advisors, or other support services to manage or address the arrears, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the level of engagement, attendance at appointments, and whether any plans have been agreed with the landlord.
3
Factor 3
"The tenant is engaging with support services"
Explanation
Where the tenant is actively engaging with the local authority, debt advisors, or other support services to manage or address the arrears, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the level of engagement, attendance at appointments, and whether any plans have been agreed with the landlord.
4
Factor 4
"The amount of arrears is small or inconsistent"
Explanation
Where the arrears are modest or have fluctuated due to minor delays in payment rather than persistent non-payment, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the amount of arrears, the frequency of missed or late payments, and whether the tenant has otherwise been compliant with the tenancy.
4
Factor 4
"The amount of arrears is small or inconsistent"
Explanation
Where the arrears are modest or have fluctuated due to minor delays in payment rather than persistent non-payment, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the amount of arrears, the frequency of missed or late payments, and whether the tenant has otherwise been compliant with the tenancy.
4
Factor 4
"The amount of arrears is small or inconsistent"
Explanation
Where the arrears are modest or have fluctuated due to minor delays in payment rather than persistent non-payment, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the amount of arrears, the frequency of missed or late payments, and whether the tenant has otherwise been compliant with the tenancy.
5
Factor 5
"The tenant is vulnerable"
Explanation
If the tenant has health conditions, disabilities, or other vulnerabilities that impact their ability to manage rent payments or seek assistance, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include medical evidence, support needs, and whether adjustments or support have been offered or provided.
5
Factor 5
"The tenant is vulnerable"
Explanation
If the tenant has health conditions, disabilities, or other vulnerabilities that impact their ability to manage rent payments or seek assistance, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include medical evidence, support needs, and whether adjustments or support have been offered or provided.
5
Factor 5
"The tenant is vulnerable"
Explanation
If the tenant has health conditions, disabilities, or other vulnerabilities that impact their ability to manage rent payments or seek assistance, the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include medical evidence, support needs, and whether adjustments or support have been offered or provided.
6
Factor 6
"Eviction would cause disproportionate harm"
Explanation
Where eviction would lead to significant disruption or hardship — for example, homelessness, impact on dependent children, or loss of necessary support networks — the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the tenant’s family circumstances, availability of alternative accommodation, and potential impact of displacement.
6
Factor 6
"Eviction would cause disproportionate harm"
Explanation
Where eviction would lead to significant disruption or hardship — for example, homelessness, impact on dependent children, or loss of necessary support networks — the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the tenant’s family circumstances, availability of alternative accommodation, and potential impact of displacement.
6
Factor 6
"Eviction would cause disproportionate harm"
Explanation
Where eviction would lead to significant disruption or hardship — for example, homelessness, impact on dependent children, or loss of necessary support networks — the court may take this into account when assessing whether possession is reasonable.
Relevant considerations may include the tenant’s family circumstances, availability of alternative accommodation, and potential impact of displacement.
Court Responses to Submissions of Unreasonableness
01.
Adjournment Generally, with liberty to restore
Adjournment generally with liberty to restore means that the court will halt the proceedings for now, without making a final determination regarding the claim. After, the court has halted the proceedings without making any final orders, it would be for the Claimant to apply to the court in order to restore the proceedings for a final determination.
01.
Adjournment Generally, with liberty to restore
Adjournment generally with liberty to restore means that the court will halt the proceedings for now, without making a final determination regarding the claim. After, the court has halted the proceedings without making any final orders, it would be for the Claimant to apply to the court in order to restore the proceedings for a final determination.
01.
Adjournment Generally, with liberty to restore
Adjournment generally with liberty to restore means that the court will halt the proceedings for now, without making a final determination regarding the claim. After, the court has halted the proceedings without making any final orders, it would be for the Claimant to apply to the court in order to restore the proceedings for a final determination.
02.
Adjournment on Terms
Adjournment on terms means that the court will halt the proceedings on the basis of terms agreed between the parties. For example, it could be agreed the court will halt the proceedings on the basis that the tenant pay back £100 every month towards his arrears for 8 months, until he pays back the £800 in arrears. In this case, as long as the tenant complies with the order, the proceedings will be put on hold. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £100 on the second month of the agreement, then the Claimant would be entitled to restore the proceedings and request another hearing where the Court could consider making a final determination.
02.
Adjournment on Terms
Adjournment on terms means that the court will halt the proceedings on the basis of terms agreed between the parties. For example, it could be agreed the court will halt the proceedings on the basis that the tenant pay back £100 every month towards his arrears for 8 months, until he pays back the £800 in arrears. In this case, as long as the tenant complies with the order, the proceedings will be put on hold. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £100 on the second month of the agreement, then the Claimant would be entitled to restore the proceedings and request another hearing where the Court could consider making a final determination.
02.
Adjournment on Terms
Adjournment on terms means that the court will halt the proceedings on the basis of terms agreed between the parties. For example, it could be agreed the court will halt the proceedings on the basis that the tenant pay back £100 every month towards his arrears for 8 months, until he pays back the £800 in arrears. In this case, as long as the tenant complies with the order, the proceedings will be put on hold. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £100 on the second month of the agreement, then the Claimant would be entitled to restore the proceedings and request another hearing where the Court could consider making a final determination.
03.
Suspended Possession Order
A Suspended Possession order means that the court will order possession but suspend the Claimant’s ability to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspension i.e. suspend the possession enforcement on the basis of terms agreed between the parties. For example, it could be agreed the court suspended the ability for the Claimant to commence possession enforcement on the basis that the tenant pay back £500 every month towards his arrears for 4 months, until he pays back the £2000 in arrears. In this case, as long as the tenant complies with the order, the Claimant will not be entitled to enforce possession against the Claimant. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £500 on the second month of the agreement, then the Claimant would be entitled to make an application to the court (request from the court) to grant the Claimant a ‘Warrant’ for Eviction which could be used to enforce possession against the tenant.
03.
Suspended Possession Order
A Suspended Possession order means that the court will order possession but suspend the Claimant’s ability to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspension i.e. suspend the possession enforcement on the basis of terms agreed between the parties. For example, it could be agreed the court suspended the ability for the Claimant to commence possession enforcement on the basis that the tenant pay back £500 every month towards his arrears for 4 months, until he pays back the £2000 in arrears. In this case, as long as the tenant complies with the order, the Claimant will not be entitled to enforce possession against the Claimant. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £500 on the second month of the agreement, then the Claimant would be entitled to make an application to the court (request from the court) to grant the Claimant a ‘Warrant’ for Eviction which could be used to enforce possession against the tenant.
03.
Suspended Possession Order
A Suspended Possession order means that the court will order possession but suspend the Claimant’s ability to enforce the possession on the basis that the tenant agrees to comply with the terms of the suspension i.e. suspend the possession enforcement on the basis of terms agreed between the parties. For example, it could be agreed the court suspended the ability for the Claimant to commence possession enforcement on the basis that the tenant pay back £500 every month towards his arrears for 4 months, until he pays back the £2000 in arrears. In this case, as long as the tenant complies with the order, the Claimant will not be entitled to enforce possession against the Claimant. However, if the tenant fails to comply with the terms of the agreement i.e fails to pay £500 on the second month of the agreement, then the Claimant would be entitled to make an application to the court (request from the court) to grant the Claimant a ‘Warrant’ for Eviction which could be used to enforce possession against the tenant.
04.
Dismissal of the Possession Claim (Finding in favour of the tenant)
This dismissal of the possession Claim means that the Court does not agree its reasonable to order possession against the Defendant, and the Court does not consider it necessary to place the tenant under terms with the potential of returning back to the court aa sanction which is impending should he fail to comply with any terms. It is the final determination of the matter in favour of the Defendant. Should the Claimant wish to make another claim for possession they will to restart the entire possession proceedings from the start i.e. sending a notice for possession, then issue a claim for possession, and so forth.
04.
Dismissal of the Possession Claim (Finding in favour of the tenant)
This dismissal of the possession Claim means that the Court does not agree its reasonable to order possession against the Defendant, and the Court does not consider it necessary to place the tenant under terms with the potential of returning back to the court aa sanction which is impending should he fail to comply with any terms. It is the final determination of the matter in favour of the Defendant. Should the Claimant wish to make another claim for possession they will to restart the entire possession proceedings from the start i.e. sending a notice for possession, then issue a claim for possession, and so forth.
04.
Dismissal of the Possession Claim (Finding in favour of the tenant)
This dismissal of the possession Claim means that the Court does not agree its reasonable to order possession against the Defendant, and the Court does not consider it necessary to place the tenant under terms with the potential of returning back to the court aa sanction which is impending should he fail to comply with any terms. It is the final determination of the matter in favour of the Defendant. Should the Claimant wish to make another claim for possession they will to restart the entire possession proceedings from the start i.e. sending a notice for possession, then issue a claim for possession, and so forth.
05.
Granting Possession to the Claimant (The Local Authority ) – Finding in favour of the Landlord
This granting of possession to the Claimant (The Landlord) means that the Court finds that the Landlord has proved the Grounds for Possession under which they have made the Claim. Also, that the Court finds it reasonable to grant possession i.e. the court considers that there are no circumstances present which would make it unreasonable for the court to grant the Claimant Possession. The Granting of possession is a final determination, which is only subject to judicial appeal if certain requirements are met in order to achieve an appeal hearing. Alternatively, once the Landlord is granted the possession, the Tenant may have one final avenue, which is to suspend the warrant of eviction when and if the Landlord decides to apply tot he court for a warrant to evict you subsequent to being granted the possession order by the court.
05.
Granting Possession to the Claimant (The Local Authority ) – Finding in favour of the Landlord
This granting of possession to the Claimant (The Landlord) means that the Court finds that the Landlord has proved the Grounds for Possession under which they have made the Claim. Also, that the Court finds it reasonable to grant possession i.e. the court considers that there are no circumstances present which would make it unreasonable for the court to grant the Claimant Possession. The Granting of possession is a final determination, which is only subject to judicial appeal if certain requirements are met in order to achieve an appeal hearing. Alternatively, once the Landlord is granted the possession, the Tenant may have one final avenue, which is to suspend the warrant of eviction when and if the Landlord decides to apply tot he court for a warrant to evict you subsequent to being granted the possession order by the court.
05.
Granting Possession to the Claimant (The Local Authority ) – Finding in favour of the Landlord
This granting of possession to the Claimant (The Landlord) means that the Court finds that the Landlord has proved the Grounds for Possession under which they have made the Claim. Also, that the Court finds it reasonable to grant possession i.e. the court considers that there are no circumstances present which would make it unreasonable for the court to grant the Claimant Possession. The Granting of possession is a final determination, which is only subject to judicial appeal if certain requirements are met in order to achieve an appeal hearing. Alternatively, once the Landlord is granted the possession, the Tenant may have one final avenue, which is to suspend the warrant of eviction when and if the Landlord decides to apply tot he court for a warrant to evict you subsequent to being granted the possession order by the court.
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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.