This is a renaming and expansion of Ground 16 of the Housing Act 1988. The existing ground allows a landlord to gain possession when their tenant is also their employee and the tenant’s employment has ended. The ground has been expanded to cover the scenario where the current tenant’s tenancy had not been intended to last for the full duration of the tenant’s employment and to make it also available to landlords who provide accommodation to those tenants who are in service in the office of a constable e.g. police officers.
Example 1: Gaining possession when employment has ended
A shop owner owns both their shop and the flat above it and they let the flat to a person they employ to manage the shop. When this employee’s employment ends, the second paragraph (a) of Ground 5C allows the employer (and landlord) to gain possession of the flat if they want to.
Example 2: Gaining possession when the property is needed to house a new employee
An organisation is recruiting new employees and as part of their recruitment drive, they offer affordable rented housing in the local area alongside offers of employment. They expect the employees to move on from this housing after their first year in the job so that the homes can be offered to other new employees. The second paragraph (b) of Ground 5C allows the landlords to gain possession of the property if the current tenants do not move on after the initially agreed time period.
Schedules Schedule 1: Changes to grounds for possession Ground 16 to be renumbered as Ground 5C and to be a mandatory ground for possession Background