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Question Title: Other mandatory grounds (prior notice)
| Question: 184 |
| Ground 8 is the most commonly used of the mandatory grounds what are the others? Are there any specific requirements that must be followed before you can use them?
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| Answer: |
| There are five other mandatory grounds in the 1988 Act where the court must grant possession. · Ground 1: that the landlord used to live, or intends to live in the property as his only or principal home. · Ground 2: that the mortgagee is claiming possession. (This can only be used where the mortgage predates the tenancy.) · Ground 3: that the tenancy does not exceed 8 months and the property was previously let for a holiday. · Ground 4: that the tenancy is a student let and was previously let by an educational establishment. · Ground 5: that the property is held for use by a minister of religion. In the above the court will generally require that the landlord has served notice of the respective ground on the tenant prior to or at the beginning of the tenancy. However, for grounds 1&2, there is a discretion to dispense with this requirement if the court considers it just and equitable to do so. · Ground 6: where the landlord intends to redevelop the property · Ground 7: That the former tenant has died and there is no one with a right to succeed to the tenancy.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 12 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 8 |
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factsheet-8
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For more information, discuss on the Forum
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