![]() ![]() ![]() The minimum timeframes are specified under the Act and in this case was a two week notice period. The notice, which is in prescribed form, properly explained that he would be pursuing a claim for possession under grounds including ground 8 (2 months’ rent arrears) as set out in Schedule 2 of the Act, in light of the arrears.Ī Section 8 notice requires a landlord to stipulate a date after which possession proceedings would commence in default of the tenant remedying the breach - in this case paying the arrears. In November 2018, the Captain drafted and served upon the defaulting tenant a notice under Section 8 of the Housing Act 1988 (“the Act”). ![]() However, the effect of the ruling has implications in respect of statutory notices served in all aspects of property and block management.Ĭaptain Pease had a tenant who had failed to pay rent. It is, or perhaps should have been, a relatively straight forward case relating to the termination of a residential tenancy where the tenant was alleged to have significant rent arrears. The case in question is Pease v Carter & Anor (2020) and was concluded this year in the Court of Appeal. The subject of this update, Captain Pease, the landlord of a residential premises let on an assured shorthold tenancy, found his ‘typo’ to be the latter and whilst, in the end, the result went his way, getting there would not have been cheap or, frankly, cost effective. The effect of that error can range from nothing at all, mildly embarrassing, to downright expensive. Whilst we would all like to think that we have wonderful checking processes when drafting notices, occasionally an error will slip through, usually a typo. ![]()
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