This is a question to the blog clinic from Miles , who is a tenant in England.
Tenant eviction during *fixed* term of AST due to Ground 1 (former owner occupier) (of Schedule 2 of Housing Act 1988).
Hello, the landlord is entitled to seek possession for this property via Ground 1 (owner occupier) – this is not in dispute between tenant / landlord.
However, tenant / landlord have a dispute as to whether this Ground can be used during the fixed term or only after the fixed term has expired. Please clarify.
The tenancy agreement is silent on this point (although it has stated that the landlord is able to seek possession on Ground 1).
Answer
This is set out in section 7 (6) of the Housing Act 1988, which is the act which regulates how assured and assured shorthold tenancies ‘work’.
This says:
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;
So, your landlord cannot evict you under ground 1 during your fixed term.
If he decides to use the ground, he must serve a ‘section 8’ notice first, which must give you not less than two months’ notice from the date of service.
However, so far as I am aware, the notice can be served during the fixed term, so long as the expiry date is after the fixed term has ended.
Any proceedings for possession would then start after the fixed term has expired if the tenant fails to vacate.
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