Q&As
A landlord wishes to serve a section 8 notice on their tenant relying on Ground 8 of Schedule 2 to the Housing Act 1988. The rent is paid every six months in advance. However, Ground 8 does not address this scenario. Is it possible to rely on Ground 8 in these circumstances and, if so, what is the requirement for the amount/duration of arrears?
What is Ground 8?
If a landlord of an assured shorthold tenancy, or an assured tenancy, wishes to invite the court to make an order for possession to take back the property, section 7(1) of the Housing Act 1988 (HA 1988) says:
‘The court shall not make an order for possession of a dwelling-house let on an assured tenancy except on one or more grounds set out in Schedule 2 to this Act.’
The Grounds are initially set out in a notice of seeking possession served under HA 1988, s 8. Once the period set out in the notice has expired, the landlord can apply to the court for a possession order.
This is an alternative
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