Housing act query

k1tt1kat1000

Hello everyone,

This is my first post, but I've been following the forum for some time as the advice is usually good!

I'm about to sign a tenancy agreement for an AST and there is a notice stating that

'The Landlord gives notice to the Tenant that posession of the property might be recovered under Ground 1 of Schedule 2 to Housing Act 1988 under which the Court must order possession of the Property where the Landlord has previously occupied the Property as his only or principal home or requires the property as the only or principal home for himself or his spouse.'

I thought that it was difficult to remove a tenant prior to the end of the term of an AST without significant reason eg. rent arrears. However, the above notice reads like I could be removed if he needs his house back. Is this correct?

Thanks very much

Doozergirl

If he genuinely needs the house back. And you can see it does say the court as well, so he can't just give you notice saying he wants it back, it would be more complicated for him.

tbs624

Schedule 2 Part 1 Grounds are those under which the court *has* to order repossession of the property, ie they are mandatory. (although N79 seems to have had an experience recently which suggests that some judges aren't fully focused)

Ground 1 can be used even if the appropriate notice has not been given in advance provided that the court view it as "equitable and just" to do so. Either way, the LL would have to show that the property was needed as their only or principal home: if you have joint LL owners then both or *either* of them could require the property for this purpose.

If the property is mortgaged you will also usually find mention of Gr 2, ie if the mortgagor intends to seek repossession due to the default of the LL/mortgagee.

In either case the LL/mortgagor would give you notice that they wish to repossess the propety on x date and then if you didn't move out they would pursue it to court in the same way as they would if you failed to move out after being given a S21 to coincide with the expiry of the Fixed Term.

bob79

A similar statement is in my AST, I've been living here for almost 2 years now with no problem. It seems to be a pretty standard clause, so probably nothing for you to worry about.

k1tt1kat1000

Hi everyone

Thanks for the advice. I've decided to go ahead and sign the agreement as the likelihood of this notice being applied seems small, especially with joint LLs.

Wish tenancy law was a little easier to decipher sometimes!