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What is Ground 13 of the schedule to the housing act 1988?

Friday 6th September 2024

In the UK, Ground 13 of Schedule 2 of the Housing Act 1988 is a legal provision that allows a landlord to seek possession of a property from a tenant on certain grounds related to the tenant's conduct or the condition of the property. Specifically, Ground 13 pertains to the following:

Ground 13: Neglect Leading to Property Deterioration

Description: This ground allows the landlord to seek possession if the property has been neglected by the tenant or a person residing in the property, causing the condition of the property to deteriorate. However, for the landlord to successfully use this ground, it must be shown that the deterioration of the property is due to the tenant's neglect or the neglect of someone living with or visiting the tenant.

Procedure: Ground 13 is a discretionary ground for possession, meaning the court has the authority to decide whether to grant possession based on the circumstances presented. The court will consider whether it is reasonable to grant the landlord possession of the property in light of the tenant's neglect.

This ground is typically used when the tenant has allowed the property to fall into disrepair or has failed to take reasonable care of the premises, leading to damage or deterioration that would not have occurred if proper care had been taken.
The landlord would need to provide evidence to the court showing that the deterioration is a direct result of the tenant's neglect, and not simply normal wear and tear. If the court is convinced that the tenant's actions (or inactions) have caused significant damage, they may grant possession to the landlord under this ground.

Conclusion
Ground 13 of the Housing Act 1988 provides landlords with a means to seek possession of a property when it has been neglected by the tenant, resulting in significant deterioration. However, as it is a discretionary ground, success in court depends on the strength of the evidence presented and the reasonableness of granting possession under the circumstances. Landlords should ensure they have clear, documented evidence of the tenant's neglect to support their case. Seeking legal advice and understanding the full implications of Ground 13 is crucial for both landlords and tenants involved in such disputes.