The Housing Act 1985 Sch.2 ground 5 did not avail a landlord who was induced to grant a tenancy by fraudulent misrepresentation where there had been an assignment of the tenancy to another person, even where that person had been party to the fraud. As the relevant provisions of the Act provided a complete code for the termination of a secure tenancy, the common law remedy of rescission of the tenancy was not available to the landlord as a means of setting the tenancy aside and obtaining an order for possession.

[2006] EWCA Civ 340