Ground 1 Schedule 2 of the Housing Act
Discussion
I didn't want to derail the section 21 thread so I thought I would start another. Basically my tenants have been renting my property for 8 years, the first year was on the 12 month rental agreement, and the past seven years has been on a monthly periodic lease.
I would like to gain possesion of my property and was considering using a section 21 before they are abolished by the new Renters Right act.
However, reading my tenancy agreement I spotted the 'Notice of Grounds for possesion Ground one" states
Take notice that the landlord has at some time before the begining of the proposed tenancy occupied the dwelling as his only or principle residence OR may in due course require the dwelling house house as his or his spouse's principle home AND THAT IN EITHER EVENT possesion of the dwelling house known as (address of property) may be recovered on Ground 1 Schedule 2 of the housing act 1988
This has been signed by the tenants.
So is it possible to move back into my property using this clause and what would the process be? I have a council tax bill in my name before the tenants moved in if that is any help?
I would like to gain possesion of my property and was considering using a section 21 before they are abolished by the new Renters Right act.
However, reading my tenancy agreement I spotted the 'Notice of Grounds for possesion Ground one" states
Take notice that the landlord has at some time before the begining of the proposed tenancy occupied the dwelling as his only or principle residence OR may in due course require the dwelling house house as his or his spouse's principle home AND THAT IN EITHER EVENT possesion of the dwelling house known as (address of property) may be recovered on Ground 1 Schedule 2 of the housing act 1988
This has been signed by the tenants.
So is it possible to move back into my property using this clause and what would the process be? I have a council tax bill in my name before the tenants moved in if that is any help?
ThingsBehindTheSun said:
I didn't want to derail the section 21 thread so I thought I would start another. Basically my tenants have been renting my property for 8 years, the first year was on the 12 month rental agreement, and the past seven years has been on a monthly periodic lease.
I would like to gain possesion of my property and was considering using a section 21 before they are abolished by the new Renters Right act.
However, reading my tenancy agreement I spotted the 'Notice of Grounds for possesion Ground one" states
Take notice that the landlord has at some time before the begining of the proposed tenancy occupied the dwelling as his only or principle residence OR may in due course require the dwelling house house as his or his spouse's principle home AND THAT IN EITHER EVENT possesion of the dwelling house known as (address of property) may be recovered on Ground 1 Schedule 2 of the housing act 1988
This has been signed by the tenants.
So is it possible to move back into my property using this clause and what would the process be? I have a council tax bill in my name before the tenants moved in if that is any help?
Ground 1, section 8. Two months notice minimum. You have to have told them before the tenancy started that you may rely upon this ground. You have complied.I would like to gain possesion of my property and was considering using a section 21 before they are abolished by the new Renters Right act.
However, reading my tenancy agreement I spotted the 'Notice of Grounds for possesion Ground one" states
Take notice that the landlord has at some time before the begining of the proposed tenancy occupied the dwelling as his only or principle residence OR may in due course require the dwelling house house as his or his spouse's principle home AND THAT IN EITHER EVENT possesion of the dwelling house known as (address of property) may be recovered on Ground 1 Schedule 2 of the housing act 1988
This has been signed by the tenants.
So is it possible to move back into my property using this clause and what would the process be? I have a council tax bill in my name before the tenants moved in if that is any help?
It's a mandatory ground if it goes to court. But the tenant can frustrate it with a counter-claim.
Furbo said:
Ground 1, section 8. Two months notice minimum. You have to have told them before the tenancy started that you may rely upon this ground. You have complied.
It's a mandatory ground if it goes to court. But the tenant can frustrate it with a counter-claim.
Yes, this is all in the lease contract and is signed by the tenants. I noticed this document also contains the gas safety certificate and the EPC.It's a mandatory ground if it goes to court. But the tenant can frustrate it with a counter-claim.
Would this be a better path to go down than a section 21?
ThingsBehindTheSun said:
Furbo said:
Ground 1, section 8. Two months notice minimum. You have to have told them before the tenancy started that you may rely upon this ground. You have complied.
It's a mandatory ground if it goes to court. But the tenant can frustrate it with a counter-claim.
Yes, this is all in the lease contract and is signed by the tenants. I noticed this document also contains the gas safety certificate and the EPC.It's a mandatory ground if it goes to court. But the tenant can frustrate it with a counter-claim.
Would this be a better path to go down than a section 21?
But IIRC they can try to frustrate a S.21 too.
AFAIK there is no reason why you cannot serve both. But if you're into the realms of a tenant counter-claiming you'll need a solicitor.
If it were me, I'd pick up the phone first and tell them you want to move back in. Don't want the S.21/8 to come as a surprise. Will be flexible. Good reference etc etc.
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