Possession

Those proceedings can progress and, provided a landlord is able to prove that the S.21 Notice is valid and they are entitled to possession, a possession order will be made.

A landlord will need to serve notice under the revised section 8 of the Housing Act 1988 (a S.8 Notice) by specifying which ground or grounds it is relying on to end the tenancy.

The Act will allow a landlord to terminate a tenancy where the landlord, their spouse, civil partner or other close family member (i.e. parent, grandparent, sibling, child or grandchild) wants to live in the property as their only or principal home. Certain requirements will need to be met though.

The Act will allow a landlord to serve a notice terminating a tenancy where they intend to sell the property (or grant a lease for a term of 21 years or more). Certain requirements will need to be met though.

A landlord will be able to rely on amended ground 6. The landlord must show that the redevelopment cannot reasonably be carried out with the tenant in occupation. This is likely to be similar to proving Ground (f) for the 1954 Act.

Yes. The Act will still allow a landlord to serve a S.8 Notice where the tenant is in rent arrears. However, four weeks’ notice will be required (and a landlord will need to evidence that the tenant has accrued three months’ rent arrears as at the date of the S.8 Notice).

Yes. There are several more, including some relating to student accommodation, employment and breach of the tenancy. A full list can be provided on request.

No. However, the obligations to ensure service of these documents are governed by other legislation, with their own penalties for breach.

Yes. It will still be necessary for a landlord to protect a deposit paid by a tenant and serve the prescribed information on the tenant within 30 days. If a landlord fails to register the deposit on time, it will still be able to recover possession if the requirements are met before the possession hearing, but there may be financial penalties.