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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).
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.
The post Can the mandatory ‘owner occupier’ ground for possession be used during the fixed term? appeared first on The Landlord Law Blog.
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Welcome to Landlord Law’s weekly Newsround, where we bring you all the trending housing news and more.
As you will know, we have the King’s Speech on Wednesday, and after that, we will know more about the intentions of this new Labour government.
In the meantime here are some other news items which caught our eye this week.
The department for Energy Security and Net Zero (DESNZ) is expected to announce as early as next week that PRS homes will need to have reached a minimum of an EPC C rating by 2030, according to a spokesman.
This was in Labours manifesto and they said
We will ensure homes in the private rented sector meet minimum energy efficiency standards by 2030, saving renters hundreds of pounds per year.
It will also offer grants and low interest loans to support investment in insulation, solar panels and low carbon heating to cut bills.
The police in Northamptonshire have issued a 16-point guide to all landlords on guarding against your property being used as cannabis farm following the convictions of a man who had set up a cannabis factory in a private house that he rented out. Within the house they found 60 cannabis plants worth up to £75,000 growing.
The man was given a 45 month prison sentence plus other charges to pay. A police spokesperson said
Landlords should be aware cannabis factories cause thousands of pounds worth of damage to a property and the impact on them financially is huge as they will bear the cost of the clean-up and repair.
They also encouraged both the public and landlords to take active action and be aware of any of the tail-tail signs that a property could be cannabis factory such as light coming from roof spaces, sounds of fans constantly running, curtains and windows always closed and strange comings and goings.
You can read the full guided list here.
Gwynedd council is looking like it is set to pass a ruling next week where all property owners will require planning permission before changing the use of a main home into a second home or short term holiday let accommodation. If passed, it will come into effect from September 1st 2024. This could trigger other councils following their lead.
A council spokesperson said
By introducing an Article 4 Direction, the Council would have a new tool to try to control the impact of second homes and holiday accommodation.
Should the council decide to go ahead, Gwynedd would become the first planning authority to use these new planning powers introduced by the [Welsh] Government.
The Welsh Government has initiated many changes to their planning framework, enabling local authorities to manage second homes and short term lets.
A new survey by Landbay claims that 85% of landlords will be increasing rents next year not due to the high demand of rental properties but because of the increase in operational costs and interest rates which need to be covered as part of their outgoings.
The survey also found that 42% of landlords planning the increase of rent payments manage property portfolios of 4-10 properties and 16% pay more than 13% of their rental income on property management.
Landbays’ report also highlighted that 8% of landlords are hoping for increases of between 11-19%.
‘Levelling up’ dropped by Angela Rayner from housing department name
Landlord Alert: beware local council ‘Safer Renting’ schemes
Council to launch third licensing scheme charging £609
Named and shamed – 27 councils & social landlords accused
Newsround will be back next week.
The post Landlord Law Newsround #347 appeared first on The Landlord Law Blog.
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