Seeking possession under grounds 8, 10 & 11 for rent arrears. Michael Walsh explains
The three most common ways of seeking possession for rent arrears under an Assured shorthold tenancy (AST) are under the Housing Act 1988 (HA 1988), Sch 2, grounds 8, 10 and 11. Each of these grounds is explained in the box below. However, before a landlord may start a claim seeking possession he must first serve on the tenant a notice under the HA 1988, s 8. This section is clear that the court will not entertain proceedings for possession unless a s 8 notice has been served on the tenant (s 8(1)(a)) or the court has dispensed with service (s 8(1)(b)). Landlords should, however, note that it is not possible to dispense with service of a notice where ground 8 is relied upon. Landlords should always plead grounds 8, 10 and 11 in the alternative in a claim for possession for rent arrears. In deciding whether to dispense with the s 8 notice when relying
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