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Question Title: Possession using Ground 1
| Question: 219 |
| We have just let a property for twelve months using an Assured Shorthold Tenancy Agreement. At the request of the landlord we issued a Ground 1 notice prior to the tenancy. The landlord is overseas and has just called to say that he wants possession using Ground 1. Can the landlord start possession proceedings even though the tenants have been in the property for less than a month?
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| No. Proceedings can only be started once the term has expired and the correct notice period has been observed and a valid notice served. Notice to quit can be given now but cannot expire until the last day of the term. It is perfectly acceptable to give the tenant 11 months notice to quit. If they did not then vacate, possession proceedings could be initiated using the accelerated possession procedure. It is important that an agent fully advises the landlord of such details. In a recent case (Helling v Parker Breslin Estates 1994) an agent was found to be in breach of their duty of care for not informing their clients of particular important technicalities relating to the tenancy before the tenancy was set up.
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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 20 |
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factsheet-20
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For more information, discuss on the Forum
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