Notice of Occupation as Home : Recovery of Possession of Dwellinghouse Let on Assured Tenancy - [LT20D] - (2 pages)
This form can be used by a landlord to recover possession of a property let as an assured tenancy under rhe Housing Act 1988 where the landlord needs the property either for him or herself or a member of his or her family - Schedule 2 Ground1.
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1. HA22 is a notice served on the tenant by the landlord, stating that the property may be recovered under Schedule 2, Ground 1 of the Housing Act 1988 which states that:
Not later than the beginning of the tenancy the landlord gave notice in writing to the tenant that possession might be recovered on this ground or the court is of the opinion that it is just and equitable to dispense with the requirement of notice and (in either case)—
(a) at some time before the beginning of the tenancy, the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them occupied the dwelling-house as his only or principal home; or
(b) the landlord who is seeking possession or, in the case of joint landlords seeking possession, at least one of them requires the dwelling-house as his or his spouse’s only or principal home and neither the landlord (or, in the case of joint landlords, any one of them) nor any other person who, as landlord, derived title under the landlord who gave the notice mentioned above acquired the reversion on the tenancy for money or money’s worth.
Therefore, this ground is used where the residential property was previously the landlord’s only or main home or the landlord or their spouse require it to live in as his or her main home.
2. The landlord must serve HA22 on the tenant on or before the day on which the tenancy is entered into (Schedule 1 Part IV, para 11), and is therefore a prior notice ground. However the court may dispense with the requirement of the notice if it considers it just and equitable.
3. In order to seek possession of an AST during the fixed term under Ground 1 the landlord should serve a Section 8 Notice (HA32) on the tenant. When tenants are served a HA32, they should leave by the expiry date. If a tenant does not leave, the landlord will have approach the Courts to apply for a Possession Order.
4. If the Court is satisfied that Ground 1 is established, as a mandatory ground the court must order possession. Where the landlord is seeking possession under Ground 1 court proceedings cannot begin earlier than 2 months from the date the Section 8 Notice is served on the tenant and not before the date on which the tenancy could have been brought to an end by a notice to quit served at the same time as the HA32.
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