The Renters’ Rights Bill will be bringing in some new and amended grounds for possession. Some are mandatory and some discretionary.
What is the difference?
A mandatory ground is one which is relied upon in court and the judge agrees that the requirements have been satisfied, ie it is mandatory for the court to grant a possession order.
In the case of discretionary grounds, the court has more flexibility. However, to increase the likelihood of success, it’s crucial to present a strong, well-documented case. This is where building a solid "evidence stack" becomes critical.
When relying on discretionary grounds, you must provide clear and convincing evidence that justifies the possession order. The more compelling your evidence, such as proof of rent arrears, breaches of tenancy terms, or the tenant's conduct, the more likely the court will be persuaded to grant the order. Essentially, even though the decision is not automatic, a strong case with well-organised and supported evidence significantly increases the likelihood of the court siding in your favour. To summarise the point, while the court has discretion in these cases, a comprehensive and credible presentation of your evidence is key to making your case more convincing.
The planned changes following the RRB have been summarised below as an easy point of reference:
Remember that these are only proposed at present, and until we know that the Bill is in it's final stages we cant be entirely clear which grounds will be legislative.
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