From Nuisance to Notice - Ground 14 made simple

We commonly see social housing landlords relying on Ground 12 to the Housing Act (1988), when taking possession action for breach of tenancy, but many overlook Ground 14. In this article, we explore the benefits of Ground 14 as a complimentary ground to rely upon with notices seeking possession.

Ground 14

Ground 14 is one of the discretionary grounds for possession - which is made out where: 

The tenant or a person residing in or visiting the dwelling-house—

(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,

(aa)has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions,] or

(b)has been convicted of—

(i)using the dwelling-house or allowing it to be used for immoral or illegal purposes, or

(ii)an [indictable] offence committed in, or in the locality of, the dwelling-house.

The ground is framed using the word ‘or’, indicating that the landlord need only establish one of the two limbs for the ground to be made out - either nuisance or annoyance OR immoral or illegal purposes. One of the two conditions is sufficient to satisfy the ground, allowing the court to make a possession order, if deemed reasonable to do so.

Nuisance or annoyance

The first limb of Ground 14 relates to conduct causing a nuisance or annoyance. This is a broad and flexible test. The nuisance or annoyance may be persistent or a single serious incident, and does not need to have occurred within the property itself, but just within the locality. The court will consider however, when determining whether it is reasonable to make a possession order, the nature, frequency and impact of the conduct on others. Examples of behaviour may include excessive noise, persistent disturbances, aggressive or threatening behaviour, improper disposal of waste or other actions that interfere with others enjoyment of their environment. It is worth noting that the behaviour can be that of the tenant, or person residing in or visiting the property. Generally, this limb is very broad, and will apply to a large proportion of tenancy breach allegations.

The scope of behaviour taking place 'in the locality of’ is fairly broad, however Manchester CC v Lawler (1998) 30 HLR, notes that if the question of ‘locality’ is raised, it is for the courts to determine. Generally speaking, the majority of cases will be clear cut on this point - for example anti-social behaviour and noise nuisance commonly takes place within the property, communal/shared areas or within the street. In cases where it is not, it will be fact sensitive, and therefore there are no strict guidelines to apply.

A key aspect of the first limb is that the tenant's conduct may also interfere with the landlords housing management functions. This reflects the broader public interest in insuring that social landlords can fulfil necessary functions. This can be met where a landlord is using resources i.e.; employees, contractors or agents are spending their time responding to complaints, calls or attending the property, or perhaps costs have been incurred in arranging for clearance of a hoarded property, and does not require targeted behaviour. 

Immoral or illegal purpose

The second limb is narrower but more serious. It applies where the tenant, or a person residing in or visiting the property, has been convicted or using the property for immoral or illegal purposes. Unlike the first limb, this test requires a conviction and typically will involve offences relating to drugs, human trafficking or other organised criminal activity at the property. Despite not offering a mandatory ground upon a conviction, this is a particularly useful ground to rely upon where a conviction does not fall within the serious offences listed within Schedule 2a of the Housing Act 1985 for Ground 7A mandatory grounds. This test is more objective, and relies upon a conviction, as opposed to the first limb, which requires a general assessment of the conduct. 

Benefits

Reliance on ground 14 as many benefits, including but not limited to-

• Broad scope - carrying a broad interpretation on the wording, the landlord need only show that there has been a ‘nuisance or annoyance’ to a person within the locality, and that the conduct has interfered with the landlords housing management functions. In practical terms - as set out above, the legislative test for Ground 14 is not overly complex or difficult to meet, and a large amount of tenancy breach behaviour will fall within the scope of the ground. Further, under the second limb, those convictions which do not fall within the serious offences listed for mandatory ground 7A, they will still satisfy under Ground 14.
   
• Immediate notice period - a notice relying on Ground 14 will expire immediately after service (so long as served before 4pm) and therefore allows for swift legal action. When relied upon in conjunction with - for example - Ground 12 (breach of tenancy); the immediate notice period will override Ground 12's usual two week notice period. The immediate notice period does not supersede the notice periods required for mandatory grounds, and some tenancy agreements, and policies, may necessitate a longer notice period.
   
• Complimentary ground - as explored above, a very high proportion of tenancy breach allegations will also fall within Ground 14 - for example, when relying on Ground 7A (mandatory grounds following serious offence), Ground 12 (tenancy breach) or Ground 13 (property condition). Ground 14 compliments the other grounds for possession and will strengthen the basis for possession. There is minimal addition work involved when drafting a notice, witness statement or pleadings, as the information will often be set out within those other grounds. 

Ground 14 provides a flexible and powerful legal route to seek possession, particularly in cases of tenancy breach, anti-social behaviour and criminal behaviour. Its two-limb structure - frame in the alternative using ‘or' means that landlords need only prove one of the limbs to satisfy the ground. It is often underused, and should be more actively embraced by social landlords - it offers a broad test, enables swift action and can relied upon in combination with numerous alternative grounds, in order to strengthen the landlords possession claim.

If you would like to discuss further please get in touch with our housing management team.