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Can a landlord APPLY for a Possession Order using S21 BEFORE fixed term ends ?

Started by Thunderballs, February 04, 2021, 08:20:17 PM

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Thunderballs

Notwithstanding any of the Covid related rules, can a landlord APPLY for a Possession Order using S21 BEFORE the end of a, AST fixed term ?

What if the Landlord alleges "abandonment"  ?

What if the Tenant defends a claim of abandonment ?

KTC

I do not know of any clear authorities one way or another to your first question (in the absence of a break clause). (EDIT: FWIW, that is exactly the published position of Shelter England.)

As to Q2 & Q3, nope. There's really no such thing, especially in relation to section 21 notice. If the tenant has a tenancy, then the tenant has a tenancy. If they're not paying rent, then the landlord can seek to obtain possession on the grounds of arrears. If there's a clause that requires the property not to be left empty, then assuming the clause is enforceable, then the landlord can seek to obtain possession on the grounds of breach of contract.

Whether the tenant still lives there would only affect whether the tenancy remains assured (shorthold), doesn't affect its length or continuation.