Which possession proceedings?

Possession proceedings against protected / Rent Act tenants

As we said in the question, protected tenancies under the Rent Act 1977 were not converted to occupation contracts on 1 December 2022.  So their rights and obligations remain the same.

It is notoriously difficult to get possession from tenants protected under the Rent Act as they have long-term security of tenure.  In most cases, there are, realistically, only two grounds for possession:

1. Rent arrears

It is always possible to bring proceedings to forfeit the tenancy for non-payment of rent.  You do not need to serve any possession notice.

Landlord Law Business Level Members will find instructions on how to bring proceedings on this basis in our  Eviction Guide.  However, forfeiture is not straightforward, and there could be problems if the tenant has a claim against you.  So you may want to consider using  one of our recommended solicitors.

2. Suitable alternative accommodation

The other ground for possession, which is likely to have a good chance of success, is that you have offered the tenant somewhere else suitable to live, but that this has been unreasonably refused.

This course of action will not help you if it is the tenant him or herself you object to, but can be used very successfully if you are anxious to obtain vacant possession of the property, for example, for redevelopment.  A few points:

• The replacement property must be reasonably suitable for the needs of the tenant and his family, for example, it must be a similar distance from schools and workplace
• It must have a similar security of tenure, so offering a normal occupation contract will not be sufficient.
• You must offer the alternative property to the tenant first, and it is a good idea to serve an old-style Notice to Quit on the tenant at this time
• Only if he refuses it, and his refusal is unreasonable, should you bring court proceedings for possession

Members should read our article  Protected Tenancies under the Rent Act 1977  and the Real Life Story  here.

If you think you may have a good case, the best thing to do is purchase some  telephone advice from a solicitor.  They can discuss the case with you and then give you a quotation for any work, if appropriate.

3. Other cases

There are other grounds you can use to evict Rent Act tenants (for example, if you bought the property specifically to use for a retirement home), but the circumstances when they can be used are rare.

If you think you may have a case, the best thing to do is buy some  telephone advice.