Obtaining possession of a flexible tenancy
Obtaining possession of a flexible tenancy

The following Property practice note provides comprehensive and up to date legal information covering:

  • Obtaining possession of a flexible tenancy
  • Mandatory right to possession
  • Notice of non renewal
  • Review of decision not to renew
  • Notice seeking possession
  • Court

For a local authority (LA) to obtain possession of a flexible tenancy before the end of the fixed term the tenancy must contain a forfeiture or re-entry clause. See News Analysis: Council unable to determine flexible tenancy in fixed term unless contractually allowed (Croydon London Borough Council v Kalonga).

During the fixed term the LA can recover possession of the property by serving a notice of seeking possession and by proving a ground for possession. The grounds are the same as for obtaining possession of a secure tenancy. There are 18 grounds for possession and they fall into three categories:

  1. Grounds 1-8

  2. Grounds 9-11

  3. Grounds 12-16

Grounds 1–8

These are discretionary grounds and the court must be satisfied that it is reasonable to make the possession order.

Grounds 9–11

These are mandatory grounds and the court must be satisfied that suitable alternative accommodation is available for the tenant.

Grounds 12–16

These are discretionary grounds and the court must be satisfied that it is reasonable to make the possession order and that suitable alternative accommodation is available.

Ground 15A

In Newport City Council v Charles, the son of a deceased tenant concealed the death for three years. The council could not obtain possession under Ground 16 and move the son to alternative accommodation because the time limit for doing so had expired (notice must be served betwe

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