Q&As

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 16/01/2018

The following Property Disputes Q&A produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:

  • In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?

In a six-month lease of a garage used for residential purposes, there is no forfeiture clause. Where the tenant is in arrears, does the landlord have to serve notice to recover possession and does he need a court order?

This Q&A assumes that the tenancy of the garage (the Property) is an assured shorthold tenancy (AST) (rather than a long lease) and that the requirements of an AST apply in this situation. To bring the lease of the Property to an end during the fixed term, the landlord must:

  1. serve a section 8 notice (section 8 of the Housing Act 1988 (HA 1988)) pursuant to HA 1988 on the tenant, relying on grounds 8, 10 and 11

  2. apply for a court order for possession, and

  3. apply for a warrant of possession to evict the tenant

To obtain a

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