Section 8 of the Housing Act 1988 (HA 1988) allows a landlord to seek to obtain possession of a property let under an assured shorthold tenancy by proving one of the 17 grounds set out in HA 1988, Sch 2 Pt I. Possession is mandatory if one of grounds 1 to 8 is proved, but discretionary in respect of the remaining grounds. The section 8 procedure (HA 1988, s 8) is a useful tool for a landlord particularly: • in respect of tenancies that are in their fixed term (meaning that the section 21 process (HA 1988, s 21) cannot be relied upon), or • where the landlord has failed to comply with one of the mandatory requirements to enable a section 21 notice

Part of the Landlord and Tenant Act 1987 (LTA 1987) gives qualifying tenants of flats a right of first refusal enabling them to purchase the interest of their landlord if and when the landlord proposes to dispose of it. If LTA 1987 applies, the landlord shall not make a relevant disposal affecting the premises unless they have followed the procedures set out in LTA 1987, ss 1–20. Failure to do so (without reasonable excuse) constitutes a criminal offence. The procedure begins with service of a notice under LTA 1987, s 5 on the qualifying tenants. Where the disposal is by way of contract, the notice must set out an offer by the landlord which must

Farm business tenancies A farm business tenancy is one which satisfies certain conditions under the Agricultural Tenancies Act 1995 (ATA 1995). Essentially, pursuant to ATA 1995, s 1, a tenancy is a farm business tenancy if it meets: • the business conditions in ATA 1995, s 1(2), and • either the agriculture condition in ATA 1995, s 1(3) or the notice conditions in ATA 1995, s 1(4) The business condition is a condition that at least part of the land is farmed for the purposes of a trade or business and that it has been so farmed since the start of the tenancy. The agriculture condition is a condition that the character of the tenancy is primarily or wholly agricultural (as defined in ATA 1995,

When a landlord sells its interest in a property, it will usually be sold subject to any occupational leases, unless the landlord has the right in the leases to terminate the tenancies prior to sale. There is no automatic right for a tenant to terminate its lease on the

Possession claims following the standard procedure (rather than the accelerated procedure) allow for the landlord to make an additional claim within possession proceedings for rent arrears or damages, pursuant to CPR PD 55A, para 1.7. A single claim form can be used for all the claims, and the rent arrears claim and possession can be disposed of within the same set of proceedings. If the landlord chooses to make use of the accelerated procedure for possession, the claim must be for possession only, and must not include any other claim such as for rent arrears or damages (as per CPR 55.12). The claim must

Part II of the Landlord and Tenant Act 1954 (LTA 1954) applies to premises occupied by the tenant for the purposes of a business (LTA 1954, s 21(1)). The provision of residential accommodation can fall within the definition of a business in LTA 1954. However, any parts of the premises which are not occupied by the tenant or their employee are excluded from the ‘holding’ to which the protection of LTA 1954 applies (LTA 1954, s 21(3), Graysim Holdings Ltd v P&O Property Holdings Ltd).

Fixed-term oral tenancies can be created so long as the fixed term is less than three years. Accordingly, this is likely to be a fixed-term assured shorthold (AST) tenancy rather than a periodic one. Therefore, assuming that the tenancy otherwise fulfils the requirements of being an assured shorthold tenancy, and does not fall within the various exemptions (please see the Related Document

Insolvency of a tenant can cause various difficulties for a landlord. Depending upon the status of an insolvent company, the landlord may have difficulties in obtaining possession particularly where a Company Voluntary Arrangement is entered into. It is not clear in this scenario what has happened to company A, whether it has been liquidated, or an administrator appointed, or whether there has been a ‘pre-pack’ administration with the assets being sold on to company B. It may be that the latter is the most likely option since it appears that the directors

If the head lease is forfeited, what happens to the AST? Where a head lease which is subject to a lawfully granted assured (including an assured shorthold) tenancy comes to an end, the assured tenancy remains in place by virtue of section 18(1) of the Housing Act 1988 (HA 1988). The superior landlord becomes the direct landlord of the assured tenant. The provision does not apply if the superior landlord interest is held by an entity that cannot grant an assured tenancy (HA 1988, Sch 1—for example a government department or local authority, among various others). Does the superior

Where a dwelling house let to an individual or individuals is occupied by them as their only or principal home, it will ordinarily be an assured shorthold tenancy (AST). However, where the tenant does not occupy the property as their only or principal home, the tenancy will not be an AST, but rather will be a contractual tenancy. Where the term of the contractual tenancy has expired, but the tenant continues to occupy the property (or in this scenario, properties) and rent is accepted from

The starting point is that for as long as the tenancy continues, then absent the permission of the tenant or the exercise of a power under the lease, any attempt on the part of the landlord to gain access will amount to a trespass. Often a lease will include a clause which entitles the landlord to inspect the property for the purposes of seeing whether there is disrepair or, having identified that there is some, entering to attend to it. In the present case, the landlord seems to want to gain access solely for the purpose of seeing

The Control of Asbestos Regulations 2012 (CAR 2012), SI 2012/632 apply to all non-domestic properties and the common parts of domestic premises. Residential properties can be subject to the CAR 2012, SI 2012/632 ‘duty to manage’ obligations (survey, register, management plan etc) if asbestos is present in communal areas of flats such as lifts or there are converted properties with asbestos (see: HSE Approved Code of Practice (ACOP)—paras 89–90): ‘89 The duty does not apply to domestic premises such as private houses. However, the duty does apply to the “common parts” of multi–occupancy domestic premises, such as purpose-built flats or houses converted into flats. The common parts of such domestic premises might include foyers, corridors, lifts and lift shafts, staircases,