Q&As

If a landlord successfully seeks a possession order under section 21 or section 8 of the Housing Act 1988, are there any circumstances whereby the tenant will be liable for rent accruing after possession has been obtained by the landlord (eg if the AST provides that possession does not prejudice any other rights that the landlord may have in respect of the tenant's obligations under the agreement?)

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Published on LexisPSL on 05/12/2017

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • If a landlord successfully seeks a possession order under section 21 or section 8 of the Housing Act 1988, are there any circumstances whereby the tenant will be liable for rent accruing after possession has been obtained by the landlord (eg if the AST provides that possession does not prejudice any other rights that the landlord may have in respect of the tenant's obligations under the agreement?)

If a landlord successfully seeks a possession order under section 21 or section 8 of the Housing Act 1988, are there any circumstances whereby the tenant will be liable for rent accruing after possession has been obtained by the landlord (eg if the AST provides that possession does not prejudice any other rights that the landlord may have in respect of the tenant's obligations under the agreement?)

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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