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The intention of a ground 1 notice is to allow possession ... due to living in the property as the landlords only or principle home. However, possession may not be sought during the fixed term and even during any periodic term, two months notice is required. Therefore, since February 1997, the normal section 21 notice (2 months notice) is used and a landlord does not need to prove whether they intend to live in the property or not.
Jm90 wrote: »
"Thank you for sending this over. Unfortunately, the tenancy agreement does include a ‘prior notice’ that the Landlord may rely on ground 1, Schedule 2 of the 1988 Housing Act and so, provided the Notice is written in the correct format and gives 2 months’ Notice, this will be a mandatory ground for possession"
(5A)The court shall not make an order for possession of a dwellinghouse let on an assured periodic tenancy arising under Schedule 10 to the Local Government and Housing Act 1989 on any of the following grounds, that is to say,—
(a)Grounds 1, 2 , 5, 7A and 7B in Part I of Schedule 2 to this Act;
(b)Ground 16 in Part II of that Schedule; and
(c)if the assured periodic tenancy arose on the termination of a former 1954 Act tenancy, within the meaning of the said Schedule 10, Ground 6 in Part I of Schedule 2 to this Act.
(6)The court shall not make an order for possession of a dwelling-house to take effect at a time when it is let on an assured fixed term tenancy unless—
(a)the ground for possession is Ground 2, Ground 7A, Ground 7B or Ground 8 in Part I of Schedule 2 to this Act or any of the grounds in Part II of that Schedule, other than Ground 9 or Ground 16; and
(b)the terms of the tenancy make provision for it to be brought to an end on the ground in question (whether that provision takes the form of a provision for re-entry, for forfeiture, for determination by notice or otherwise).
Pixie5740 wrote: »
This is what the Housing Act 1988, Section 7 - Orders for Possession says:
That reads to me* that Section 8 Ground 1 cannot be used to end a fixed term early. Go back and query that with Shelter Cymru.
I wonder then what the point of Ground 1 is then, is it just faster than a Section 21 and a mandatory ground for eviction even if the landlord has c0cked up i.e. not protected the deposit, provided a GSC, etc.
*Caveat: I am not a lawyer and I have not handled over 1,000 cases, not even to file them.
Jm90 wrote: »
Well, ive not received a notice today or heard anything so until i do, i won't act.
Maybe it was an idle threat in the hope i will agree to pay three months in advance, who knows the estate agent hasnt mentioned it...yet
Ive read up on the ground shelter quoted me ' Ground 1, schedual 2' but i think (hope) it only applies to AT not AST
Shelter seemed to think cos they wrote in the contact he would be able to take possesion under this ground then it can be used.
Ive emailed shelter asking to check again.
I guess the estate agent thinks, as they changed things their end that we have until feb 19, however ours is until august 19, which if he cannot use this ground i will fight it.
I also think the landlord has no idea we have a signed 12 month contract, i think they have realised they made a huge error. I have no way in contacting him directly or whether i should.
Only way would be via his father who lives in the village.
I know people get annoyed that im asking or feel as though i am questioning their advice but need to be 100% certain as everything feels so conflicting.
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