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Landlord and Tenant > Recovery of possession - HA/RA > Flashcards

Recovery of possession - HA/RA Flashcards

1
Q

Security of tenure…

A

prevents LL common law right to end tenancy
LL can only gain possession with ct order
ct order only granted if grounds proven

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2
Q

RA - termination by T - protected

A

notice to quit

surrender by T

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3
Q

RA - termination by T - statutory

A

notice to quit as per lease or min 3 months notice
surrender
disclaimer

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4
Q

HA - termination by T - fixed term

A

surrender or other action by T

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5
Q

HA - termination by T - periodic

A

notice to quit

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6
Q

RA - termination by LL - protected

A

LL must bring contractual tenancy to an end at common law, then statutory tenancy arises
LL then has to go to court to seek possession order

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7
Q

RA - termination by LL - statutory

A

no need to serve notice to quit but failure to warn may affect reasonableness if discretionary ground
LL goes to court for possession order on cases

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8
Q

HA - termination by LL - during fixed term

A

1) Break clause - statutory periodic arises, then ct order for possession on grounds requiried
2) where right of re-entry for breach of cov, can seek a court order for possession on grounds 2, 7A, 7B, 8 or 10-15 (breaches of terms in tenancy)

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9
Q

HA - termination by LL - on/after expiry of fixed term

A

on expiry of fixed term, statutory periodic tenancy arises

LL must get court order for possession on grounds

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10
Q

HA - termination by LL - periodic

A

If contractual tenancy ends, statutory periodic arises on same terms
LL must get court order for possession on grounds

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11
Q

Recovery of possession - HA - assured

A

LL must serve notice of seeking possession s8 on T
LL must bring possession proceedings in ct
LL must obtain warrant of possession

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12
Q

S8 notice 3

A

not required for grounds 7A,7B and 8
Ct can dispense with requirement if just and equitable
Must be in prescribed form, stating grounds

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13
Q

HA - termination by LL - AST

A

s8 process
s21 process
not until 6 months have elapsed

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14
Q

Grounds - non payment of rent

A

Case 1 - any rent lawfully due not paid
Ground 10 - as above, at time of notice and hearing
Ground 11 - persistently delays
Ground 8 - min 2 months arrears at date of notice and hearing

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15
Q

Grounds - breach of tenancy obligation

A

Case 1 and Ground 12

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16
Q

Grounds - nuisance, immoral or illegal user

A

Case 2 - T/ person residing/lodging/subT - guilty of conduct nuisance/annoyance to adjoining occupiers, convicted of immoral/illegal
Ground 14 - T/resident/visitor - conduct causing/likely to cause nuisance/annoyance in locality, LL/agent, convicted of immoral/illegal
Ground 7A - social housing - anti social behaviour
Ground 14ZA - indictable offence during riot

17
Q

Grounds - deterioration of dwelling house

A

Case 3

Ground 13

18
Q

Grounds - deterioration of furniture

A

Case 4

Ground 15

19
Q

Grounds - required for LL occupation

A

Case 9 - req for LL, children, or parents
Case 11 - where LL resided b4 letting and need for certain condition
Case 12 - req for occupation on retirement
Ground 1 - for occupation or if resided b4, want possession

20
Q

Grounds - repossession

A

Case 11 - condition e

Ground 2

21
Q

Grounds - out of season holiday letting

A

Case 13

Ground 3 - let for less than 8 months

22
Q

Grounds - out of term student accommodation

A

Case 14
Ground 4
Term of 12 months or less

23
Q

Grounds - ministers or religion

A

Case 15

Ground 5

24
Q

Grounds - req for LL employee

A

Case 8

Ground 16

25
Q

Grounds - no right to rent

A

Case 10A

Ground 7B

26
Q

Grounds - notice to quit

27
Q

Grounds - assiging/subetting without consent

28
Q

Grounds - subletting of part at excessive rent

29
Q

Grounds - agricultural property

A

Cases 16,17,18

30
Q

Grounds - PST

31
Q

Grounds LL member of armed forces

32
Q

Grounds - demolition or reconstruction

33
Q

Grounds - death of T

34
Q

Grounds - domestic violence

A

Ground 14A

registered social LL or charitable housing trust only

35
Q

Grounds - grant induced by Ts false statement

36
Q

Grounds x 22

A 
non payment of rent
breach of tenancy agreement
nuisance, immoral or illegal use
deterioration of dwelling
deterioration of furniture
dwelling required by LL for occupation/previously occupied
repossession by mortgagee
out of season holiday lets
student accommodation
ministers of religion
LL employee
no right to rent

T notice to quit
assigning without consent
subletting at excessive rent
agricultural property
PST
armed forces

demoliiton/reconstruction
death of T
domestic violence
t false statement

37
Q

Retaliatory eviction - s21

A

LL cant evict using s21 for 6 months where T complained about disrepair and LA issued relevant notice

Landlord and Tenant (15 decks)

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