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Osada V Shepping and another

Series: Estates Gazette ; [2000] 30 EG 125 (3)Publication details: 2000Subject(s): Summary: CA 1 March 2000. An assured tenancy of a house devolved on the appellant when her husband died. Landlord served a notice seeking possession on the basis of the death of the original tenant. The Housing Act 1988 schedule 2, ground 7 requires proceedings to be begun no later than 12 months after the date when a landlord becomes aware of the death of a tenant. Landlord issued a summons over a year later. Court below held that a section 8 notice sufficed and that was delivered within 12 months. Tenant appealed. Appeal allowed.

CA 1 March 2000. An assured tenancy of a house devolved on the appellant when her husband died. Landlord served a notice seeking possession on the basis of the death of the original tenant. The Housing Act 1988 schedule 2, ground 7 requires proceedings to be begun no later than 12 months after the date when a landlord becomes aware of the death of a tenant. Landlord issued a summons over a year later. Court below held that a section 8 notice sufficed and that was delivered within 12 months. Tenant appealed. Appeal allowed.