Q&As

Is a landlord precluded from issuing proceedings based on a notice served under section 8 of the Housing Act 1988 where the tenant has made a complaint to the council regarding the state of repair of the property?

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Published on LexisPSL on 04/01/2019

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

  • Is a landlord precluded from issuing proceedings based on a notice served under section 8 of the Housing Act 1988 where the tenant has made a complaint to the council regarding the state of repair of the property?

Is a landlord precluded from issuing proceedings based on a notice served under section 8 of the Housing Act 1988 where the tenant has made a complaint to the council regarding the state of repair of the property?

It will be recalled that irrespective of whether an assured tenancy is for a fixed-term or periodic, there is no right to forfeit it for breach of one of its terms. Possession can only be recovered in accordance with the Housing Act 1988 (HA 1988). Where there has been a breach, notice under HA 1988, s 8 can be served. This must set out which of the grounds contained in HA 1988, Sch 2 is relied upon by the landlord for obtaining possession. Many of them are based upon a default by the tenant (such as ground 12 being a breach of the tenancy agreement, or grounds 8, 10 and 11 being a failure to pay rent). Others, however, do not involve the tenant's conduct (such as ground 1 being the landlord's wish to move back into what had been an only or

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