The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
This Q&A raises the means by which an assured shorthold tenancy (AST) may be brought to an end and the effect that it has upon the parties’ respective obligations. Although the question refers to an AST, the same consideration arises in the perhaps less frequently encountered assured tenancy. Both tenancies have the protection of the Housing Act 1988 (HA 1988) (see: Assured and assured shorthold tenancies—overview).
HA 1988, s 5(1) sets out the nature of the security of tenure which an assured tenant enjoys. It states that ‘an assured tenancy cannot be brought to an end by the landlord except by (a) obtaining (i) an order of the court for possession of the dwelling house under section 7 or 21, and (ii) the execution of the order’. That second limb is important and was added by Housing and Regeneration Act 2008. Its effect is often overlooked. It is not just the obtaining of the court order which is necessary
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DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office
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