Landlord and Tenant Act 1954

Section 12, 13.

THIRD SCHEDULE Grounds for Possession on Termination of Tenancy

1 The grounds referred to in paragraph (b) of subsection (1) of section twelve of this Act are the following, that is to say:—

(a) that suitable alternative accommodation will be available for the tenant at the date of termination of the tenancy;

(b) that the tenant has failed to comply with any term of the tenancy as to payment of rent or rates or as to insuring or keeping insured any premises;

(c) that the tenant or a person residing or lodging with him or being his sub-tenant has been guilty of conduct which is a nuisance or annoyance to adjoining occupiers, or has been convicted of using any premises comprised in the tenancy or allowing such premises to be used for an immoral or illegal purpose and, where the person in question is a lodger or sub-tenant, that the tenant has not taken such steps as he ought reasonably to have taken for the removal of the lodger or sub-tenant;

(d) that the relevant premises (as defined in subsection (2) of section twelve of this Act) consist of or include premises licensed for the sale of intoxicating liquor not to be consumed on the premises, and that the tenant has committed an offence as holder of the licence or has not conducted the business to the satisfaction of the licensing justices or the chief officer of police, or has carried it on in a manner detrimental to the public interest, or the renewal of the licence has for any reason been refused; and

(e) that premises comprised in the tenancy, and consisting of or including the relevant premises, are reasonably required by the landlord for occupation as a residence for himself or any son or daughter of his over eighteen years of age or his father or mother, and (if the landlord is not the immediate landlord) that he will be the immediate landlord at the date of termination:

Provided that the court shall not make an order under section thirteen of this Act on the grounds specified in sub-paragraph (e) of this paragraph—

(a) if the interest of the landlord, or an interest which has merged in that interest and but for the merger would be the interest of the landlord, was purchased or created after the twenty-first day of November, nineteen hundred and fifty; or

(b) if the court is satisfied that having regard to all the circumstances of the case, including the question whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by making the order than by refusing to make it.

2 Subsections (2) to (5) of section three of the Act of 1933 (which relate to the circumstances in which suitable alternative accommodation is to be deemed to be available for the tenant) shall apply for the purposes of this Schedule.