Renting Homes: The Final Report - Law Commission

(2) one of the estate management grounds. 56
Mandatory ground
4.48 In addition, there is one mandatory ground which applies to all types of
occupation contract. 57 This is the where the contract-holder gives the landlord
notice to terminate the contract 58 but fails to give up possession of the
premises. 59
Procedure – the possession notice
4.49 Any possession claim (except for claims under the notice-only ground applicable
to periodic standard contracts, or where the landlord has given notice to end a
fixed term standard contract under clause 180) must be preceded by notice of
intention to bring the claim – the “possession notice”. 60 The notice must specify:
(1) the ground(s) on which the landlord seeks to rely;
(2) particulars of the ground(s);
(3) the date after which the landlord can start the claim. 61
4.50 Where the ground relied on is the contract-holder’s notice ground, special rules
apply. 62
The possession claim
4.51 As a general rule, a possession claim cannot be brought before one month from
the date on which the possession notice was given to the contract-holder. 63
4.52 There are two exceptions to this. A possession claim may be made on the same
day that the possession notice is given where the ground (or one of them)
specified in the notice is:
(1) a breach of the fundamental term relating to prohibited conduct; 64 or
(2) the contract-holder’s notice ground. 65
56
Cls 183 and 185. Sch 6 sets out the estate management grounds , which are discussed in
detail, below at paras 4.69 to 4.83.
57 Other mandatory grounds apply to periodic standard contracts.
58 Discussed above, at paras 4.21 to 4.28.
59 Cls 168 and 195(2)(a).
60 Cls 153(2), 169(1), 184(1), 186(1) and 188(1). For the powers of the court in cases where
the landlord fails to give the possession notice, see below at para 5.6.
61 Cl 153(2).
62 See above, at paras 4.27 and 4.28.
63 Cls 184(3), 186(2)(a) and 188(2)(a).
64 Cl 184(2). Prohibited conduct is defined in cl 51 discussed below in Part 10.
65 Cl 169(2), discussed above, at paras 4.21 to 4.28.
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