Grounds for Possession and Protection From Eviction

Question 1

What does common law say about fixed period tenancies ending?

Answer 1

At common law, fixed period tenancies end by effluxion of time (at the end of the fixed period)

Question 2

What does common law say about periodic tenancies ending?

Answer 2

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)

Question 3

What are common law notice periods?

Answer 3

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.

Question 4

What does the Protection from Eviction Act 1977 say is the required minimum notice period?

Answer 4

Four weeks notice (in writing)

Question 5

Assured tenancies under the Housing Act 1988 say what is required for notice to leave?

Answer 5

A section 8 notice to be served and one or more of the ground in schedule 2 to be proved

Question 6

Courts must give possession of property if what?

Answer 6

One of the eight mandatory ground are proved (schedule 2)

Question 7

Courts may give possession of property if what?

Answer 7

One of the 10 discretionary grounds are proved AND they think it is just and reasonable to do so

Question 8

What are the notice periods when grounds for possession are met?

Answer 8

Some grounds need two months and some need only two weeks (schedule states which grounds have which notice periods)

Question 9

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)?

Answer 9

A section 8 notice with relevant grounds

Question 10

Section 21 notices in ASTs must be served with what period of notice?

Answer 10

A minimum of two months

Question 11

No reason needs to be given for a section 21 notice… true or false?

Answer 11

True

Question 12

From October 2015, how is a Section 21 notice served?

Answer 12

Using the prescribed form (Form 6A)

Question 13

Landlords can use what if they are seeking possession of an AST?

Answer 13

An accelerated possession procedure

Question 14

Rent Act 1977 tenancies have what?

Answer 14

Greater security of tenure and succession rights

Question 15

Rent Act 1977 tenancies need what for landlord possession?

Answer 15

A written notice and the proving of one or more of the mandatory or discretionary cases under schedule 15

Question 16

Possession is only given in discretionary cases of Rent Act 1977 tenancies, if what?

Answer 16

The case is proved and the court thinks it is just and reasonable to do so

Question 17

Possession may also be given if what?

Answer 17

Suitable alternative premises are offered and the court thinks it is reasonable and just to do so

Question 18

The Protection from Eviction Act 1977 makes it a criminal offence to what?

Answer 18

Harass or unlawfully evict a residential occupier

Question 19

Harassment or unlawful eviction can be committed by who?

Answer 19

The landlord or the agent

Question 20

Inconvenience caused to the tenant by the landlord carrying out work is harassment… true or false?

Answer 20

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

Question 21

An attempt to stop an occupier from occupying the premises is an offence… true or false?

Answer 21

True

Question 22

There are 2 ways that landlords can lawfully regain possession… what are they?

Answer 22

1. The tenant surrenders the tenancy, or

2. The landlord gets a court order for possession

Question 23

What is the minimum notice period of a notice to quit?

Answer 23

Four weeks

Question 24

A notice to quit must what? (4 points)

Answer 24

1. Be in writing
2. Contain ‘prescribed information’
3. State that possession needs a court order
4. State which organisations can help the tenant

Question 25

What is the consequence to landlords or agents for harassment or unlawful eviction?

Answer 25

Fines and/or imprisonment

Question 26

Sections 27 and 28 of the Housing Act 1988, allow tenants being harassed or unlawfully evicted to what?

Answer 26

Seek damages or an injunction from the landlord or agent