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

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Author Topic: Can a landlord APPLY for a Possession Order using S21 BEFORE fixed term ends ?  (Read 141 times)
Newbie
Posts: 14

I like property

« on: February 04, 2021, 09:20:17 PM »

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 ?
Hero Member
Posts: 622

I like property

« Reply #1 on: February 05, 2021, 06:57:29 PM »

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.
« Last Edit: February 05, 2021, 07:00:20 PM by KTC »
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