Section 7 Orders for possession.C1

The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more of the grounds set out in Schedule 2 to this Act; but nothing in this Part of this Act relates to proceedings for possession of such a dwelling-house which are brought by a mortgagee, within the meaning of the M1Law of Property Act 1925, who has lent money on the security of the assured tenancy.

The following provisions of this section have effect, subject to section 8 below, in relation to proceedings for the recovery of possession of a dwelling-house let on an assured tenancy.

If the court is satisfied that any of the grounds in Part I of Schedule 2 to this Act is established then , subject to F1F2subsections (5A) and (6) the following provisions of this section F3and section 10A below F4(and to any available defence based on the tenant's Convention rights, within the meaning of the Human Rights Act 1998), the court shall make an order for possession.

If the court is satisfied that any of the grounds in Part II of Schedule 2 to this Act is established, then, F5subject to F6subsections (5A) and (6) below, the court may make an order for possession if it considers it reasonable to do so.

Part III of Schedule 2 to this Act shall have effect for supplementing Ground 9 in that Schedule F7and Part IV of that Schedule shall have effect in relation to notices given as mentioned in Grounds 1 to 5 of that Schedule.

The court may not make an order for possession of a dwelling-house on any of Grounds 1 to 5H or Ground 6A where—

The court may not make an order for possession of a dwelling-house let on an assured tenancy on any of Grounds 1 to 5H or Ground 6A where, on the basis of the proposed let of the dwelling-house on that tenancy, the dwelling-house was deemed to be suitable alternative accommodation under paragraph 1(c) of Part 4 of Schedule 2 to the Housing Act 1985 for the purposes of section 84(2)(b) and (c) of that Act.

The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—

The court may not make an order for possession of a dwelling-house let on an assured tenancy granted in accordance with section 554(3)(c) (before its repeal) or (ca) of the Housing Act 1985 on any of Grounds 1 to 5H or Ground 6A.

In relation to the making of an order for possession of a dwelling-house let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989, Ground 6 is to apply as if—

If the only grounds for possession which the court is satisfied are established are either or both of Grounds 7A and 14 in Schedule 2, the court may not make an order for possession to take effect within—

In subsection (5C), a reference to a “long residential tenancy” is a reference to a tenancy to which Schedule 10 to the Local Government and Housing Act 1989 applies.

The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—

In the case of a dwelling-house in England, subsection (6)(a) has effect as if it also referred to Ground 7 in Part 1 of Schedule 2 to this Act.

The requirement in subsection (6)(b) that would otherwise apply to an order for possession of a dwelling-house let on an assured fixed term tenancy does not apply where the ground for possession is Ground 7B in Part 1 of Schedule 2 to this Act.

Subject to the preceding provisions of this section, the court may make an order for possession of a dwelling-house on grounds relating to a fixed term tenancy which has come to an end; and where an order is made in such circumstances, any statutory periodic tenancy which has arisen on the ending of the fixed term tenancy shall end (without any notice and regardless of the period) F20in accordance with section 5(1A).