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Can the landlord evict me if I lied on my tenancy application?

Its highly unlikely you will be.. heres why...

The Housing Act 1988 as amended by the Housing Act 1996 makes provision for the possession of residential properties let under Assured Shorthold Tenancies, however, a landlord can only bring a residential tenancy to an end by obtaining a court order for possession.

One very useful ground for possession for landlords is via a Section 8 Notice, ground 17, one of "false statement by tenant". Ground 17 can be used where it can be proven that a landlord or agent was induced to grant a tenancy by a false statement made knowingly or recklessly by the tenant, or even someone acting on the tenants’ behalf.

It should be noted that possession under ground 17 is discretionary and the court would take several factors into account before a judge would decide whether or not to evict. These factors include the nature and seriousness of the false statement and if the statement was fundamental to the granting of the tenancy.

Also, remember that courts tend to be sympathetic to tenants in difficult circumstances and so on discretionary grounds, courts will often make allowances for tenants who are in debt or out of work etc., and may not necessarily award possession, or the judge may delay the possession order for a long period to give the tenant/s more time.

If you lied on your Tenancy Application form and made substantial false statements that could to be judged to have been unfair in the way they have induced the granting of the tenancy, then the landlord has good evidence for the granting of a possession order. A completed Tenancy Application form will normally give the landlord all the evidence he needs to use ground 17 successfully. BUT… like we said, no guarantees however, if you plead debt, out of work, illness etc…


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