Grounds for Possession and Protection From Eviction Flashcards
What does common law say about fixed period tenancies ending?
At common law, fixed period tenancies end by effluxion of time (at the end of the fixed period)
What does common law say about periodic tenancies ending?
The common law says periodic tenancies need a notice to quit served to end them (does not have to be in writing at common law)
What are common law notice periods?
They are linked to the tenancy period, i.e. a weekly tenancy would have to have notice of a week. Additionally, if the notice period in the lease is longer than the common law period - the longer lease period must be used.
What does the Protection from Eviction Act 1977 say is the required minimum notice period?
Four weeks notice (in writing)
Assured tenancies under the Housing Act 1988 say what is required for notice to leave?
A section 8 notice to be served and one or more of the ground in schedule 2 to be proved
Courts must give possession of property if what?
One of the eight mandatory ground are proved (schedule 2)
Courts may give possession of property if what?
One of the 10 discretionary grounds are proved AND they think it is just and reasonable to do so
What are the notice periods when grounds for possession are met?
Some grounds need two months and some need only two weeks (schedule states which grounds have which notice periods)
What do ASTs require for notice to leave (in the case that the AST is within a fixed term OR the first 6 months of periodic)?
A section 8 notice with relevant grounds
Section 21 notices in ASTs must be served with what period of notice?
A minimum of two months
No reason needs to be given for a section 21 notice… true or false?
True
From October 2015, how is a Section 21 notice served?
Using the prescribed form (Form 6A)
Landlords can use what if they are seeking possession of an AST?
An accelerated possession procedure
Rent Act 1977 tenancies have what?
Greater security of tenure and succession rights
Rent Act 1977 tenancies need what for landlord possession?
A written notice and the proving of one or more of the mandatory or discretionary cases under schedule 15
Possession is only given in discretionary cases of Rent Act 1977 tenancies, if what?
The case is proved and the court thinks it is just and reasonable to do so
Possession may also be given if what?
Suitable alternative premises are offered and the court thinks it is reasonable and just to do so
The Protection from Eviction Act 1977 makes it a criminal offence to what?
Harass or unlawfully evict a residential occupier
Harassment or unlawful eviction can be committed by who?
The landlord or the agent
Inconvenience caused to the tenant by the landlord carrying out work is harassment… true or false?
False - as long as the correct procedures are followed e.g. no rights of the tenant are breached, 24h notice given etc. then it is not necessarily harassment
An attempt to stop an occupier from occupying the premises is an offence… true or false?
True
There are 2 ways that landlords can lawfully regain possession… what are they?
- The tenant surrenders the tenancy, or
2. The landlord gets a court order for possession
What is the minimum notice period of a notice to quit?
Four weeks
A notice to quit must what? (4 points)
- Be in writing
- Contain ‘prescribed information’
- State that possession needs a court order
- State which organisations can help the tenant
What is the consequence to landlords or agents for harassment or unlawful eviction?
Fines and/or imprisonment
Sections 27 and 28 of the Housing Act 1988, allow tenants being harassed or unlawfully evicted to what?
Seek damages or an injunction from the landlord or agent
