This is a question for Blog Clinic from Miles, who lives in a rented house in the UK.
Eviction of a tenant during the *fixed* period of an AST on ground 1 (former owner-occupier) (Schedule 2 to the Housing Act 1988).
Hello, The landlord has the right to seek possession of the property through ground 1 (owner occupier).This is not something that is in dispute between the tenant and the landlord.
However, there is a dispute between the tenant and the landlord as to whether the land can be used during the stipulated period or only after the stipulated period has expired. Please clarify.
The lease is silent on this point (although it does state that the landlord may seek possession on ground 1).
answer
This is set out in section 7(6) of the Housing Act 1988, which is the legislation that regulates how assured short term tenancies and assured short term tenancies “work”.
This says:
The court cannot make an order giving effect to possession of a dwelling when it is let under an assured fixed term tenancy, unless:
(a) the basis of possession is ground 2, ground 7A, ground 7B or ground 8 set out in Part 2 of Schedule 1 to this Act or any of the grounds set out in that Part 2 of Schedule to this Act, other than ground 9 or ground 16;
Therefore, your landlord cannot evict you on the basis of Ground 1 during the fixed period.
If they decide to use the land, they must first serve you with a “Section 8” notice, which must be given to you at least two months prior to the date it is served.
However, to the best of my knowledge, it is possible to serve a notice within the stipulated period, provided that the expiry date is after the end of that stipulated period.
If the tenant does not vacate, possession proceedings will be initiated after a set period of time has elapsed.