Part IIS Rented Accommodation

Modifications etc. (not altering text)

C4Pt. 2 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Short assured tenanciesS

33 Recovery of possession on termination of a short assured tenancy.S

(1)Without prejudice to any right of the landlord under a short assured tenancy to recover possession of the house let on the tenancy in accordance with sections 12 to 31 of this Act, the [F1First-tier Tribunal] [F2may] make an order for possession of the house if [F3the Tribunal] is satisfied—

(a)that the short assured tenancy has reached its finish;

(b)that tacit relocation is not operating; F4...

F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)that the landlord (or, where there are joint landlords, any of them) has given to the tenant notice stating that he requires possession of the house [F6, and

(e)that it is reasonable to make an order for possession.]

(2)The period of notice to be given under subsection (1)(d) above shall be—

(i)if the terms of the tenancy provide, in relation to such notice, for a period of more than two months, that period;

(ii)in any other case, two months.

(3)A notice under paragraph (d) of subsection (1) above may be served before, at or after the termination of the tenancy to which it relates.

(4)Where the [F7First-tier Tribunal] makes an order for possession of a house by virtue of subsection (1) above, any statutory assured tenancy which has arisen as at that finish shall end (without further notice) on the day on which the order takes effect.

[F8(5)For the avoidance of doubt, sections 18 and 19 do not apply for the purpose of a landlord seeking to recover possession of the house under this section.]

Textual Amendments