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

Annotations:
Amendments (Textual)

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—

  1. i

    it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and

  2. 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;

  3. iii

    it is served—

  1. a

    in the period of 3 months immediately preceding the date on which protected shorthold tenancy comes to an end; or

  2. b

    if that date has passed, in the period of 3 months immediately preceding any anniversary of that date; and

    1. 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.