Recovery of possession - HA/RA

Question 1

Security of tenure…

Answer 1

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

Question 2

RA - termination by T - protected

Answer 2

notice to quit

surrender by T

Question 3

RA - termination by T - statutory

Answer 3

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

Question 4

HA - termination by T - fixed term

Answer 4

surrender or other action by T

Question 5

HA - termination by T - periodic

Answer 5

notice to quit

Question 6

RA - termination by LL - protected

Answer 6

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

Question 7

RA - termination by LL - statutory

Answer 7

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

Question 8

HA - termination by LL - during fixed term

Answer 8

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)

Question 9

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

Answer 9

on expiry of fixed term, statutory periodic tenancy arises

LL must get court order for possession on grounds

Question 10

HA - termination by LL - periodic

Answer 10

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

Question 11

Recovery of possession - HA - assured

Answer 11

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

Question 12

S8 notice 3

Answer 12

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

Question 13

HA - termination by LL - AST

Answer 13

s8 process
s21 process
not until 6 months have elapsed

Question 14

Grounds - non payment of rent

Answer 14

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

Question 15

Grounds - breach of tenancy obligation

Answer 15

Case 1 and Ground 12

Question 16

Grounds - nuisance, immoral or illegal user

Answer 16

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

Question 17

Grounds - deterioration of dwelling house

Answer 17

Case 3

Ground 13

Question 18

Grounds - deterioration of furniture

Answer 18

Case 4

Ground 15

Question 19

Grounds - required for LL occupation

Answer 19

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

Question 20

Grounds - repossession

Answer 20

Case 11 - condition e

Ground 2

Question 21

Grounds - out of season holiday letting

Answer 21

Case 13

Ground 3 - let for less than 8 months

Question 22

Grounds - out of term student accommodation

Answer 22

Case 14
Ground 4
Term of 12 months or less

Question 23

Grounds - ministers or religion

Answer 23

Case 15

Ground 5

Question 24

Grounds - req for LL employee

Answer 24

Case 8

Ground 16

Question 25

Grounds - no right to rent

Answer 25

Case 10A | Ground 7B

Question 26

Grounds - notice to quit

Answer 26

Case 5

Question 27

Grounds - assiging/subetting without consent

Answer 27

Case 6

Question 28

Grounds - subletting of part at excessive rent

Answer 28

Case 10

Question 29

Grounds - agricultural property

Answer 29

Cases 16,17,18

Question 30

Grounds - PST

Answer 30

Case 9

Question 31

Grounds LL member of armed forces

Answer 31

Case 20

Question 32

Grounds - demolition or reconstruction

Answer 32

Ground 6

Question 33

Grounds - death of T

Answer 33

Ground 7

Question 34

Grounds - domestic violence

Answer 34

Ground 14A | registered social LL or charitable housing trust only

Question 35

Grounds - grant induced by Ts false statement

Answer 35

Ground 17

Question 36

Grounds x 22

Answer 36

``` 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

Question 37

Retaliatory eviction - s21

Answer 37

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