Updated gov.uk guide to possession process, England & Wales

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    Updated gov.uk guide to possession process, England & Wales

    https://www.gov.uk/government/public...ession-process





    Thank you nearly legal on twit-ter
    I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

    #2
    Some of it doesn't sound right to me
    You should bear in mind that, in an Assured Shorthold Tenancy, a tenant has a minimum of 6 months’ security. This means that the court will not make a possession order which takes effect before the tenancy has been in place for 6 months.
    S7(6) HA 1988 appears to say otherwise.

    If a landlord wishes to serve a new notice in order to take advantage of the new shorter notice periods required for certain serious cases, they should, where they are issuing a new notice of the same type, withdraw the first notice before they serve a new notice.
    Is it possible to withdraw a notice?


    Comment


      #3
      I have no expectation this government would get things right. There's acres of evidence they get things wrong. Worst government in my 72 years
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

      Comment


        #4
        Originally posted by MdeB View Post
        Is it possible to withdraw a notice?
        I don't think there's anything specific that says you can't.
        So, on the basis that anything not forbidden is allowed, possibly.

        If you said to a tenant, ignore the notice I sent to you, I don't plan to act on it, you'd expect that the tenant should be able to rely on that.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Originally posted by MdeB View Post
          ....


          Is it possible to withdraw a notice?

          I think landlord can choose which of (say) valid 21 or s8 notices they take forward to court, if court will permit.
          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

          Comment

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