Rent arrears and possession problems
Ives, P.
Rent arrears and possession problems - 2003 - Letting Update Journal 11(2) July 2003, 15-18(3) .
First of three articles covering the law of evictions and the basic procedures for regaining the possession with assured tenancies and Assured Shorthold Tenancies (ASTs). Looks at the initial stages of the possession process including the possibility of negotiated settlement without resort to the courts. Notes that only a court can bring a tenancy to an end and cause a tenant to be evicted and details tenants' protection from eviction under the Protection from Eviction Act 1977 s2 and the Housing Act 1988 ss27 and 28. Outlines the two main statutory procedures for service of possession notices and their legal requirements - s21 of the 1988 Act for ASTs and s8 of the 1988 Act for assured tenancies. Underlines the importance of establishing that the landlord has the proper grounds for claiming possession before applying to court. Considers in detail the specific rules applying to rent arrears. References.
RENT ARREARS
POSSESSION PROCEDURE
ASSURED TENANCIES
ASSURED SHORTHOLD TENANCIES
HOUSING ACT 1988 S27
HOUSING ACT 1988 S28
HOUSING ACT 1988 S7(6)
HOUSING ACT 1988 S21
HOUSING ACT 1988 S8
GROUNDS
EVICTION
PROTECTION FROM EVICTION ACT 1977 S2
LOWER STREET PROPERTIES LTD V JONES
SYMONS V WARREN
MOUNTAIN V HASTINGS
WANDSWORTH LBC V ATTWELL
MARATH V MACGILLIVRAY
COLTRANE V DAY
Rent arrears and possession problems - 2003 - Letting Update Journal 11(2) July 2003, 15-18(3) .
First of three articles covering the law of evictions and the basic procedures for regaining the possession with assured tenancies and Assured Shorthold Tenancies (ASTs). Looks at the initial stages of the possession process including the possibility of negotiated settlement without resort to the courts. Notes that only a court can bring a tenancy to an end and cause a tenant to be evicted and details tenants' protection from eviction under the Protection from Eviction Act 1977 s2 and the Housing Act 1988 ss27 and 28. Outlines the two main statutory procedures for service of possession notices and their legal requirements - s21 of the 1988 Act for ASTs and s8 of the 1988 Act for assured tenancies. Underlines the importance of establishing that the landlord has the proper grounds for claiming possession before applying to court. Considers in detail the specific rules applying to rent arrears. References.
RENT ARREARS
POSSESSION PROCEDURE
ASSURED TENANCIES
ASSURED SHORTHOLD TENANCIES
HOUSING ACT 1988 S27
HOUSING ACT 1988 S28
HOUSING ACT 1988 S7(6)
HOUSING ACT 1988 S21
HOUSING ACT 1988 S8
GROUNDS
EVICTION
PROTECTION FROM EVICTION ACT 1977 S2
LOWER STREET PROPERTIES LTD V JONES
SYMONS V WARREN
MOUNTAIN V HASTINGS
WANDSWORTH LBC V ATTWELL
MARATH V MACGILLIVRAY
COLTRANE V DAY