Commentary

430 Mandatory and discretionary grounds for possession

AGRICULTURAL TENANCIES vol 2(1)
| Commentary

430 Mandatory and discretionary grounds for possession

| Commentary

2: GROUNDS FOR POSSESSION

(a) Possession

430 Mandatory and discretionary grounds for possession

The Housing Act 1988 provides two types of grounds for possession:

  1. 430.1

        discretionary cases where the court will make an order for possession only if it considers it reasonable to do so1; and

  2. 430.2

        mandatory cases where the court must make an order for possession2.

If the court is satisfied that one of the mandatory grounds for possession applies, it only has very limited power to adjourn, stay or suspend an order for possession for a period of 14 days, unless exceptional hardship

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial