Option for a second 12 months - no possession possible?

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    #16
    Originally posted by Patricialouise View Post
    ...although nobody seemed to answer how a section 8 gr 1 can be used or why it would be used in preference to a section 21.
    All the grounds apply to assured tenancies whether shorthold or not. Section 21 only applies to assured shorthold tenancies. If you have an assured shorthold tenancy you can therefore use any ground which is applicable. In practice you only need to use a ground if you cannot use section 21. That would for example be the case if the fixed term had some time to go, but the tenant was behind with the rent.

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      #17
      Originally posted by Lawcruncher View Post
      All the grounds apply to assured tenancies whether shorthold or not. Section 21 only applies to assured shorthold tenancies. If you have an assured shorthold tenancy you can therefore use any ground which is applicable. In practice you only need to use a ground if you cannot use section 21. That would for example be the case if the fixed term had some time to go, but the tenant was behind with the rent.
      However, the 'waiting time' for many s.8 grounds (inc. the three about rent) is only two weeks- or, for g14, nothing at all.
      That's much shorter than under s.21; for other s.8 grounds, on the other hand, it's two months.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

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        #18
        Thanks Lawcruncher - that's cleared that up for me.

        Patricia

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