Bethany Currie successfully defends Ground 15A possession claim for vulnerable client

10 April 2026

The possession claim was heard at Birmingham County Court (pictured) in December 2025. Credit: Michael715 / Shutterstock.

Garden Court North’s Bethany Currie has successfully defended a possession claim brought by a local authority against the Defendant, ‘Mr A’, a man who lives with mental health conditions.

Mr A had lived at the property for over half his life, having provided care and support to his late father from whom he inherited the property. The Claimant local authority sought possession pursuant to Ground 15A Housing Act 1985 on the basis that the Mr A was under occupying the property following succession.

The property had been let to Mr A’s father almost 30 years prior, and following his sad death Mr A had succeeded to the tenancy pursuant to s. 89 Housing Act 1985. The local authority sought possession on the basis that the property was more extensive than Mr A required.

Requirements of Ground 15A possession claims

For the court to order possession on Ground 15A, it must be satisfied that:

• a valid notice was given or the possession proceedings were commenced within the correct time frame (i.e. more than six months but less than 12 months after the ‘relevant date’);
• the property is larger than reasonably required by the tenant;
• suitable alternative accommodation is available for the tenant;
• it is reasonable for a possession order to be made.

Ground 15A provides that when the court considers whether it is reasonable for an order to be made it must take into account the age of the tenant, how long the tenant has lived at the property as their only or principal home, and any financial or other support given by the tenant to the previous tenant.

It was common ground between parties that the property was larger than reasonably required by Mr A. The claim was defended on the bases that no valid notice had been served in the relevant time limit, the Court could not be satisfied that suitable alternative accommodation would be available when the order took effect, and that it would not be reasonable to make an order because Mr A’s health conditions would be significantly exacerbated should any order be made.

Further, it was submitted on Mr A’s behalf that the specific matters identified in Ground 15A that the Court must take into account in its reasonableness assessment weighed in his favour, given his age and the fact that he had lived at the property for over half his life and provided care and support to his late father.

Following witness evidence and submissions, the Recorder found that no valid notice had been served within the relevant time frame, there was not sufficient evidence before the Court to determine at the hearing that suitable alternative accommodation would be available, and it would not be reasonable in all the circumstances to make a possession order.

The claim was dismissed and the Defendant was awarded his costs.

Garden Court North’s Bethany Currie was instructed by Aamna Akram at Duncan Lewis Solicitors.

For further information, please contact Alex Blair, Communications Manager at Garden Court North Chambers: ablair@gcnchambers.co.uk