Q&As

Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can a landlord ask for a suspended possession order whereby the order will not be enforced so long as arrears are paid and rent kept up to date? If so, and such order is then breached, can the tenant then delay enforcement in any way assuming that the court will not have discretion to then suspend the order?

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Produced in partnership with Kate Andrews of Hamlins
Published on LexisPSL on 21/09/2017

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

  • Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can a landlord ask for a suspended possession order whereby the order will not be enforced so long as arrears are paid and rent kept up to date? If so, and such order is then breached, can the tenant then delay enforcement in any way assuming that the court will not have discretion to then suspend the order?
  • Practical solutions
  • Delaying enforcement

Where possession has been granted under a mandatory ground (such as section 8 possession proceedings) can a landlord ask for a suspended possession order whereby the order will not be enforced so long as arrears are paid and rent kept up to date? If so, and such order is then breached, can the tenant then delay enforcement in any way assuming that the court will not have discretion to then suspend the order?

This Q&A refers to:

  1. tenancy provides for rent payable monthly

  2. rent is at least two months in arrears

  3. Schedule 2, Part I of the Housing Act 1988 (HA 1988) Ground 8 was used in the section 8 notice

  4. the tenancy agreement makes provision for the tenancy to be ended on the ground of rental arrears

  5. the tenancy is continuing and possession is sought during the fixed term

This Q&A looks at a

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