Introductory tenancy—obtaining possession
Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers
Introductory tenancy—obtaining possession

The following Local Government practice note produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Introductory tenancy—obtaining possession
  • Notice of Proceedings for Possession
  • Service of the notice
  • Defective notice
  • Time limits
  • Right to review
  • Defences
  • Article 8 of the European Convention on Human Rights defences
  • Equality Act 2010 defences
  • Effect of proceedings on the tenancy

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:

  1. proceedings for possession

  2. forfeiture of business leases on the grounds of non-payment of rent

  3. a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and enforcement agents taking control of goods

  4. service of various notices to recover possession of residential properties

  5. practice and procedure in the First-tier Tribunal (Property Chamber) and Upper Tribunal (Lands Chamber)

  6. insolvency legislation of both a permanent and temporary nature

For further information and guidance, see: Coronavirus (COVID-19)—implications for property and Coronavirus (COVID-19)—social housing tracker.

A landlord can only end an introductory tenancy by obtaining an order of the court for possession. The landlord has a mandatory right to possession and it is not necessary to establish one of the grounds for possession. However, an order cannot be made unless the introductory tenancy notice requirements are satisfied.

Notice of Proceedings for Possession

A landlord must serve a Notice of Proceedings for Possession on the tenant stating:

  1. that it will ask the court for an order for possession

  2. the reasons for the possession order

  3. the date of possession proceedings

  4. that the tenant has the right to review the landlord’s decision

  5. the date by which a review request must be made

  6. that the tenant can seek advice

There is no prescribed form for a section 128

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