Q&As

A renewal assured shorthold tenancy (AST) is granted for a term of 12 months with rent payable monthly in advance. After three months the tenant has failed to pay any rent, so the landlord serves notices seeking possession pursuant to section 8 (relying on ground 8 of Schedule 2 to the Housing Act 1988) and section 21. If the tenant settles the arrears, is the landlord precluded from seeking possession based on ground 8 and can the section 21 route only be used to recover possession at the end of the fixed term?

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Produced in partnership with Desmond Kilcoyne
Published on LexisPSL on 11/07/2018

The following Property Disputes Q&A produced in partnership with Desmond Kilcoyne provides comprehensive and up to date legal information covering:

  • A renewal assured shorthold tenancy (AST) is granted for a term of 12 months with rent payable monthly in advance. After three months the tenant has failed to pay any rent, so the landlord serves notices seeking possession pursuant to section 8 (relying on ground 8 of Schedule 2 to the Housing Act 1988) and section 21. If the tenant settles the arrears, is the landlord precluded from seeking possession based on ground 8 and can the section 21 route only be used to recover possession at the end of the fixed term?

A renewal assured shorthold tenancy (AST) is granted for a term of 12 months with rent payable monthly in advance. After three months the tenant has failed to pay any rent, so the landlord serves notices seeking possession pursuant to section 8 (relying on ground 8 of Schedule 2 to the Housing Act 1988) and section 21. If the tenant settles the arrears, is the landlord precluded from seeking possession based on ground 8 and can the section 21 route only be used to recover possession at the end of the fixed term?

The formula for when a landlord will be able use the mandatory ground for rent arrears in Ground 8, Schedule 2 to the Housing Act 1988 (HA 1988) covers the usual range of intervals at which rent is commonly made payable in short residential tenancies. In the present case, where the rent is payable monthly, Ground 8 applies if at least two months’ rent is lawfully due

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