3 Security of Tenure
11.33 The security of tenure provisions are modelled closely on those of the Rent Act 1977. By virtue of s 6(1) a court cannot make an order for possession of a dwelling house subject to a protected or statutory occupancy unless one of the cases in Sch 4 is made out.
The cases are similar to those in the Rent Act 1977, and like the latter are divided into mandatory and discretionary cases for possession. In the case of a discretionary ground, the court cannot make an order for possession unless it considers it reasonable to do so.68 Moreover, where one of the discretionary grounds is relied on the court has power to stay or suspend execution of an order for possession, or to postpone the date of possession for such period(s) as it thinks fit.69 The court also has discretionary power to adjourn the proceedings.7011.34 The discretionary grounds for possession are contained in Sch 4, Pt 1 to the 1976 Act. A major policy consideration underlying the legislation is that security of tenure should not interfere with the efficient organization of agriculture by tying up agricultural accommodation indefinitely, thus preventing its use for housing new employees. Cases I and II to Sch 4 therefore permit repossession where suitable alternative accommodation is provided either by the landlord or the housing authority. Although this ground is discretionary, it is reinforced in the agricultural context by s 27 of the 1976 Act, which enables an agricultural landlord to apply to the housing authority on the ground that it ought ‘in the interests of efficient agriculture’ to provide suitable alternative accommodation for a protected occupier. Section 29 establishes agricultural dwelling house advisory committees to advise housing authorities on the merits of applications and the interests of efficient agriculture. Agricultural landlords therefore enjoy powers of compulsion, lacking under the Rent Act 1977, to compel housing authorities to consider providing alternative accommodation.71 The ‘suitability’ of alternative accommodation is to be judged by criteria similar to those applicable under the Rent Act 1977.
Where the landlord offers alternative accommodation it must be ‘suitable’ by reference to the tenant’s needs as to the character and extent of the property, and equivalence of terms and security of tenure with the existing property.72 If alternative accommodation is offered by the housing authority, Case II will be satisfied if either:(i)an offer of suitable accommodation is made, giving the tenant not less than 14 days in which to accept it; or
(ii)the housing authority notify the tenant that they have received, from a third party, an offer of alternative accommodation, and the tenant has accepted within the time allowed; or
(iii)the landlord shows that the tenant did not accept the offer, and in so doing acted unreasonably in refusing the housing authority’s offer of alternative accommodation.
11.35 The other discretionary grounds mirror those available under the Rent Act 1977. Possession can be obtained if rent lawfully due is unpaid or other obligations of the tenant have been breached,73 if the tenant or his lodger or subtenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers,74 or if the condition of the dwelling house or furniture provided by the landlord has deteriorated owing to the neglect or default of the tenant.75 A further discretionary ground applies where the tenant has, without the consent of the landlord, assigned, sublet or parted with possession of the dwelling house or any part of it,76 and where the premises have been sublet (with or without consent) at a rent exceeding the maximum recoverable under the 1976 Act or Rent Act 1977.77 Where the tenant has given notice to quit, and the landlord has contracted to sell or let the dwelling house, or taken other steps as a result of which he would be seriously prejudiced by being unable to obtain possession, the landlord has a discretionary ground for possession.78 This ground does not apply, however, where the tenancy has been terminated not by notice to quit, but by the tenant giving notice to terminate his employment.
A further discretionary ground applies where the dwelling is reasonably required by the landlord as a residence for himself, his son or daughter, parents or grandparents, provided he did not become landlord by purchasing the reversion in the dwelling house after 12 April 1976.79 This ground is subject to a further requirement, viz that the court must be satisfied that no greater hardship would be caused by granting possession than by refusing it.8011.36 The mandatory grounds for possession are contained in Sch 4, Pt II of the 1976 Act. Where the landlord makes out a mandatory ground, the court does not have an overriding discretion to refuse to make a possession order.81 The mandatory grounds provide for the following cases:
(a)where the person granting the tenancy was an owner occupier and the court is satisfied that the dwelling house is required as a residence for the original occupier or a member of his family who resided with him when he last occupied the dwelling as a residence.82 Notice must have been given at the commencement of the tenancy that possession might be recovered under this ground;
(b)where the person granting the original tenancy had acquired the dwelling with a view to occupying it as a residence upon retirement, and he now requires it as a retirement home, or (if he has died) it is so required by a member of his family who was residing with him at the date of his death.83 Notice must have been given on commencement of the tenancy if this ground is to be available;
(c)where the dwelling house is overcrowded in circumstances rendering the occupier guilty of an offence under the housing legislation.84