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Question Title: Forfeiture clause-
| Question: 229 |
| My solicitor has advised me that it is only possible to seek possession relying on ground 8 of schedule 2 of the 1988 Act during the fixed term of an AST if a provision is included in the tenancy agreement stating that possession may be sought using this ground. Is this true ?
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| Answer: |
| There is no need to make specific mention in the tenancy agreement that possession may be sought using ground 8 since it is not a prior notice ground like grounds 1 to 5 of chapter II of schedule 2 of the Housing Act 1988, as amended. There is however a requirement that the agreement contain a 'forfeiture clause'. This clause does not make reference to ground 8 but does make provision for the landlord to re-enter the property and determine the tenancy should the rent fall into arrears. Most agreements contain a forfeiture clause and the landlord cannot seek possession for rent arrears during the fixed term of an agreement should this clause be omitted from an agreement.
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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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For more information, discuss on the Forum
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