A landlord wishing to recover their premises from a tenant must first establish that a landlord and tenant relationship exists between them and the tenant – a lease contract should suffice. There are a few lawful grounds for an action to recover premises. Arrears of rent: This is probably one of the top reasons why landlords move to recover their premises from tenants. The courts can validly make an order for possession on grounds of arrears of rent if it is reasonable to make the order, and if the issue of arrears of rent has been provided for. The rent lawfully due must not be in excess of the standard rent (fixed by statute or rent tribunal in any location) and must be in arrears of at least three months from when it was due. A tenant may, however, put a stop to the proceedings by making an offer of the arrears to the landlord before the commencement of proceedings. This will usually turn the tides unless the tenant is shown to be a bad tenant – one who only pays rent when they are sued, is irregular with payment, etc. Furthermore, it is the tenant’s duty to seek the landlord and pay their rent so any excuse that the landlord did not come to collect rents is unpardonable. Alternative accommodation: Sometimes a landlord may want to upgrade their property and will need to evacuate all tenants in order to do so. Or, they may just need the tenant out of that property for another reason. For the inconvenience, they may offer alternative accommodation to affected tenants. A landlord may rely on the availability of alternative accommodation offered the tenant as a reason for recovery of premises. The court will consider the alternative accommodation with regard to the needs of the tenant – proximity to their workplace, location, etc., and decide whether it is reasonable to make an order for recovery of possession as a reason. Breach of an Express Covenant: Covenants are the terms of the lease agreement. An example of an express covenant would be the use of the premises. The lease agreement may specifically provide that the premises be used for residential purposes only. If the tenant converts the use to a commercial or religious purpose, that would be a breach of the user covenant. This would be a basis for the courts to make an order for possession in favour of the landlord. Notice of tenant’s intention to vacate the property: Where the tenant has indicated their intention to vacate the property, and based on this, the landlord contracts to sell or let the property to another person, or takes such other steps as a result of which he would be seriously prejudiced if he could not obtain possession, the court might grant the order for possession. For example, if a tenant informs the landlord that he would move out of the property at the end of the current term, the landlord may enter into an agreement with another person to let the property to them when the present tenant leaves. The landlord may also decide to renovate and use the property for another purpose. Where the landlord is certain to suffer some loss if the tenant does not vacate the property as anticipated, the order for possession may be granted. Property required for purposes of public interest: A public interest is one shared by citizens generally in the affairs of local, state, or national government. It exists in services which benefit the public directly, like schools and hospitals. Thus, the landlord must show by evidence what public interest is to be served. Where the landlord requires the property for setting up a business from which the public may benefit, the court will not make an order for possession. Nuisance: The court may make an order for possession where the tenant or any person residing with them or being their sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers. Or where the tenant has been convicted of using or allowing the premises to be used for an illegal purpose, or that the condition of the premises has deteriorated owing to acts of waste of the tenant or a sub-tenant, and the tenant has not taken necessary steps for the removal of such a person. The courts would consider the extent of the harm, nature of the locality, the degree of permanence of such act, or the landlord’s or other complainant’s sensitivity to the act (whether they are reasonable or hypersensitive people). Overcrowding: Where the landlord can prove that the property is so crowded as to be dangerous to the health of its occupants, and if the overcrowding could have been avoided by the removal of any lodger not being the parent or child of the tenant, the court may make an order for possession. The court on its part will have to consider the reasonableness of removing such lodger. Abatement notice: Where the landlord has been served with an abatement notice by a public authority in respect of a dilapidated property constituting health hazards, the landlord must prove that the notice cannot be complied with while the tenant is in possession. Substantial repairs: The question to be asked in determining what would constitute repairs is: is it something which affects the whole, or is it simply an injury to a portion, of the leased property? If it is the whole, it is a renewal, and if it is a portion, it is repair. Further, if the repairs can be carried out with the tenant in possession, however inconvenient it may be to the tenant, recovery of premises on this ground will fail. The court may make an order for possession on the grounds of personal use of the landlord, use by any son or daughter of his over eighteen years of age, or by the landlord’s father or mother. This is another commonly-used reason for seeking recovery of premises. Whatever your reasons are for wanting to recover your premises from a tenant, try not to resort to self-help. Written by Kaine Agary]]>