What are discretionary possession grounds?

Unlike mandatory grounds, discretionary grounds give the court the power to consider the full picture before deciding whether to evict you. Even if the landlord proves the ground applies, the court can refuse possession if it decides that eviction isn't reasonable in the circumstances. This gives you significantly more protection.

The main discretionary grounds are:

• Ground 10, some rent arrears at the notice date and hearing date, but less than the three-month threshold for mandatory Ground 8,
• Ground 11, persistent delay in paying rent,.
• Ground 12, breach of a tenancy obligation other than rent,
• Ground 14, nuisance or antisocial behaviour, and
• Ground 17, the tenancy was granted because of a false statement by the tenant.

When deciding whether it's reasonable to grant possession, the court considers factors like the severity of the breach, whether it's been remedied, the tenant's personal circumstances (including health, children, and vulnerability), the availability of alternative accommodation, and the landlord's reasons for wanting possession.

In practice, courts often make a suspended possession order on discretionary grounds rather than an outright order, particularly for rent arrears. This means you can stay in the property as long as you pay the current rent and an agreed amount towards the arrears.