Masih, R v Yousaf [2014] EWCA Civ 234
The tenant rented a property on an assured shorthold tenancy for £560 per month. The landlord claimed he had not received rent for February, March or April 2012 but he had recieved the tenant’s housing benefit direct from the council in May 2012 but this was in the sum of £392 leaving a shortfall in the rent. The landlord therefore served a section 8 notice on the tenant seeking possession of the property on mandatory ground 8 and a possession order was granted. However, the tenant applied to set aside the possession order on the basis that the section notice was not in the proper form. The tenant argued that the section 8 notice did not comply with section 8(2) of the Housing Act 1988 as it did not specify the ground that was being relied on. Section 8(2) states: “The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.” The notice served on the tenant stated:Subscription Required
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