Q&As

A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord served the notice three months ago. Can it now bring possession proceedings? Is there a time limit from service of the section 8 notice, after which the landlord cannot bring possession proceedings?

read titleRead full title
Produced in partnership with Georgia Whiting of 4 King’s Bench Walk
Published on LexisPSL on 20/06/2017

The following Property Disputes Q&A produced in partnership with Georgia Whiting of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A landlord served a section 8 notice based on ground 1 on an assured shorthold tenant. The landlord served the notice three months ago. Can it now bring possession proceedings? Is there a time limit from service of the section 8 notice, after which the landlord cannot bring possession proceedings?

Section 8 of the Housing Act 1988 (HA 1988) provides a procedure for a landlord to terminate an assured shorthold tenancy. The grounds for obtaining possession are contained within HA 1988, Sch 2.

This scenario considers ground 1 of the HA 1988 which provides as follows:

Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—

  1. at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as their only or principal home; or

Related documents:

Popular documents