Ground 2 – Repossession by lender (prior notice ground) The property is subject to a mortgage or charge granted before the start of the tenancy and the lender is entitled to exercise a power of sale requiring vacant possession.
What is a schedule 2 Ground 2 mortgage notice?
A ground 2 notice is to notify a tenant before a tenancy is granted the the rented property is subject to a mortgage and that possession may be sought in the future by the mortgage company. It’s use was more for assured tenancies and isn’t as important for most assured shrothold tenancies.
What is Section 2 of the Housing Act?
2 Letting of a dwelling-house together with other land. (2)Nothing in subsection (1) above affects any question whether a tenancy is precluded from being an assured tenancy by virtue of any provision of Schedule 1 to this Act.
What are the two types of tenancies created by the Housing Act 1988?
As I last mentioned, the Housing Act of 1988 created two types of tenancy. These are the assured shorthold tenancy and the assured tenancy. Under an assured tenancy, the landlord does not have this automatic right and the tenant is more protected unless they are significantly in arrears with their rent.
What is ground 2 notice?
A Ground 2 Notice to inform the tenants the property is subject to an existing mortgage and that the mortgagee (lender) may wish to exercise their rights over the property in the future. Either of these housing notices should be served before or at the same time as the tenancy agreement is signed.
What are grounds for possession?
The grounds for possession fall into two categories: mandatory, where the tenant will definitely be ordered to leave if the landlord can prove breach of contract, and discretionary, where the court can decide one way or the other. These grounds for possession apply to tenancies entered into after 15 January 1989.
Can I serve a Section 8 notice?
Essentially, a landlord can issue a Section 8 notice at any time during the tenancy period – as long as there is a legal ground for eviction. In the case of rent arrears, the notice can only be used when the tenant is in rent arrears of at least two months or more (or eight weeks for a weekly tenancy).
Can you serve Section 8 and Section 21 at the same time?
Since a Section 8 notice and a Section 21 notice are served for different reasons and are completely independent, you can serve both of them at the same time.
What does the Housing Act 1988 do?
The Housing Act 1988 significantly reduced rent regulation, giving landlords the opportunity to charge whatever they liked for a property (something that is still the case today, despite growing calls from some for the return of rent controls of some description).
Can you contract out of the Housing Act 1988?
Decision on the repairing obligations The only way to contract out of the repairing obligations is to obtain permission from the Court.
Is section 21 mandatory grounds?
Using a Section 21 Notice a landlord is not required to show any “fault” or breach of tenancy terms on the part of the tenant. This form of Notice allows a landlord to ask the Court to grant a possession Order without the need to rely on any particular “ground”.
What are discretionary grounds for possession under the Housing Act 1988?
Discretionary grounds for possession The grounds that can be used for assured tenancies are set out in Schedule 2 of the Housing Act 1988 (though ground 14A can only be used by social landlords). They are divided into mandatory and discretionary grounds. Grounds 9 to 17 are discretionary grounds for possession.
Is Schedule 2 of the Housing Act 1988 up to date?
Housing Act 1988, SCHEDULE 2 is up to date with all changes known to be in force on or before 27 August 2019. There are changes that may be brought into force at a future date.
What are the grounds for assured tenancies?
The grounds that can be used for assured tenancies are set out in Schedule 2 of the Housing Act 1988 (though ground 14A can only be used by social landlords). They are divided into mandatory and discretionary grounds. Grounds 9 to 17 are discretionary grounds for possession.
What is a serious offence under the Housing Act 1985?
A serious offence for this purpose must be one of the specific offences set out in Schedule 2A of the Housing Act 1985. A court found that the tenant, or anyone living in or visiting the property, had breached a provision of an injunction to prevent nuisance or annoyance (IPNA).
