Notice under ground 1, schedule 2, HA 1988

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    Notice under ground 1, schedule 2, HA 1988

    Sorry to ask another question on semantics, but I have again a doubt on the following clause (I do have several agreements to read, yes):

    Notice is hereby given that possession might be recovered un Ground 1, Schedule 2, of the Housing Act 1988 if applicable. That is, that the landlord used to live in the property as his or her main home; or intends to occupy the property as his or her only or main home.
    Is it a valid notice? The 'if applicable' confuses me.

    #2
    Originally posted by jjlandlord View Post
    Sorry to ask another question on semantics, but I have again a doubt on the following clause (I do have several agreements to read, yes):



    Is it a valid notice? The 'if applicable' confuses me.
    I'd say it is valid, though not the greatest example of drafting in the world. The test the courts use for notices is whether they would be understood by a reasonable person. That clause would seem to tell the reader that the landlord might recover possession on the stated ground and in my view that's all that is needed.
    Disclaimer:

    The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

    Comment


      #3
      Originally posted by jjlandlord View Post
      Is it a valid notice? The 'if applicable' confuses me.
      From posts on this site.
      the landlord used to live in the property as his or her main home;
      or intends to occupy the property as his or her only or main home.

      If you used to live there, but don't now, you can claim your property back.

      If you have never lived there, it was a buy to let for instance, then you
      can't use Ground 1, Schedule 2, to seek possesion, if you still don't
      wish to live there.

      If you have never lived there, but you intend to move back in, permanantly,
      you can use Ground 1, Schedule 2, to seek possesion

      Which one of the above 3 are 'applicable' ?

      Above info gained from previous posts

      R.a.M.

      Comment


        #4
        Originally posted by ram View Post
        Which one of the above 3 are 'applicable' ?
        I don't know as I am not the landlord and the tenant does not know either.

        This is why I was confused by the "if applicable" in the clause above as, to me, a notice must tell the tenant what is applicable.

        I take bhaal's point, though.

        Comment


          #5
          I wouild read that 'if applicable' as referring to "Ground 1, Schedule 2, of the Housing Act 1988" only, hence no ambiquity. The 'if' qualifier also allows for Ground 1, Sched 2 or the the Housing Act 1988 to be modified, deleted, repealed or superceded.

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            #6
            jjlandlord

            If this was a notice to be served on a T,how long as the T lived at there ?
            Fed up with nitpickers and rivet counters...

            Comment


              #7
              Thanks, mariner.

              Originally posted by 45002 View Post
              If this was a notice to be served on a T,how long as the T lived at there ?
              The clause is actually embedded in the tenancy agreement (ground 1 notices must be served before the tenancy starts).

              Comment

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