Mandatory Grounds for Possession

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23 August, 2021

Samantha Abdoollah

Over the course of the next few weeks, we will be looking at the grounds on which a residential landlord can rely on to take possession of their property back.

Where do the grounds come from?

There are 2 types of possession: via s8 of the Housing Act 1988 and via s21 of the Housing Act 1988. Section 8 possessions require there to be a reason, or ground, for the Courts to grant possession. These grounds are contained in Schedule 2 of the housing Act 1988.

Ground 1 - Landlord Residence Ground

Ground 1 of Schedule 2 of the Housing Act 1988 sets out that a landlord can recover possession where they have either occupied the property as their own home before a tenancy has begun or if they require the property to live in themselves.

Unfortunately, a new landlord who has bought a property during the course of a tenancy will not be able to rely upon this ground.

What notice is required?

Landlords must have served notice before a tenancy commences. This can be done as a separate notice or can be written into the tenancy agreement. If this notice has not been served prior to the tenancy commencing, or upon commencement, then the landlord cannot rely on this ground.

Forbes Comment

If you are letting your former home or there is a small chance you may require the property to live in again, please contact our Landlord Complete team for expert guidance and advice on how to protect your interests.

For more information contact Samantha Abdoollah in our Business Dispute Resolution department via email or phone on 01254 222456. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

Learn more about our Business Dispute Resolution department here

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