SCHEDULES
SCHEDULE 15 Grounds for Possession of Dwelling-Houses Let on or Subject to Protected or Statutory Tenancies
Part II Cases in Which Court Must Order Possession Where Dwelling-House Subject to Regulated Tenancy
F1Case 19
Where the dwelling-house was let under a protected shorthold tenancy (or is treated under section 55 of the Housing Act 1980 as having been so let) and—
a
there either has been no grant of a further tenancy of the dwelling-house since the end of the protected shorthold tenancy or, if there was such a grant, it was to a person who immediately before the grant was in possession of the dwelling-house as a protected or statutory tenant; and
b
the proceedings for possession were commenced after appropriate notice by the landlord to the tenant and not later than months after the expiry of the notice.
A notice is appropriate for this Case if—
- i
it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and
- ii
it expires not earlier than 3 months after it is served nor, if, when it is served, the tenancy is a periodic tenancy, before that periodic tenancy could be brought to an end by a notice to quit served by the landlord on the same day;
- iii
it is served—
- a
in the period of 3 months immediately preceding the date on which protected shorthold tenancy comes to an end; or
- b
if that date has passed, in the period of 3 months immediately preceding any anniversary of that date; and
- iv
in a case where a previous notice has been served by the landlord on the tenant in respect of the dwelling-house, and that notice was an appropriate notice, it is served not earlier than 3 months after the expiry of the previous notice.
- iv
Case 19 added by Housing Act 1980 (c. 51, SIF 61), s. 55