Q&As

Where a section 8 notice has been served on the basis of Ground 6 (development), and after service of the notice, but before expiry, the tenant falls into significant arrears of +2 months, (a) could the landlord serve a second notice on the basis of grounds 8, 10, and 11? (b) is the service of the second notice required to enable the court to give a money judgment? (c) would service of the second notice invalidate the first, or could proceedings be issued either on the basis of both, or in the alternative?

read titleRead full title
Copyright © 2025 LexisNexis
Published by a LexisNexis Property Disputes expert
Published on: 22 February 2024
imgtext

There is generally no difficulty with a party serving a second (or further) notice, without prejudice to the first, and then relying on both notices in the alternative. See Commentary: Notices served 'without prejudice' to a previous notice: Property Notices [3.38]. For a precedent, which would need to be adapted to the circumstances, see Precedent: Cover

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:

Popular documents

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured

Can a tenant retract a notice to quit previously served to exercise a break clause in an assured shorthold tenancy before expiry of the notice?Whether a notice to quit can be retractedThere is various authority for the position that a notice to quit, once it has been served, cannot be

If a notice to increase rent under section 13 of the Housing Act 1988 is served on a tenant, but the

If a notice to increase rent under section 13 of the Housing Act 1988 is served on a tenant, but the address on the tenancy agreement is incorrect, and the notice repeats that error, will that invalidate the section 13 notice and potentially invalidate a section 21 or section 8 claim in future

Housing and Planning Act 2016—recovering possession of abandoned premises

Housing and Planning Act 2016—recovering possession of abandoned premisesSTOP PRESS: The Housing and Planning Act 2016 received Royal Assent on 12 May 2016, although the provisions relating to recovering possession of abandoned premises set out in Part 3 are not yet in force. The contents of this

If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas

If a landlord of an assured shorthold tenancy is unable to gain entry to a property to complete a gas safety service and is seeking an injunction for access, should they issue a Part 7 claim or a Part 8 claim?By the granting of a lease, the landlord deprives themselves of the right to possession of