Renting Homes: The Final Report - Law Commission

4.62 If the landlord has given a notice under paragraph 4.61(1) above, but the fixed
term contract has ended and become a periodic contract 77 the landlord can
nevertheless pursue a possession claim based on the notice which was given
before the fixed term came to an end. 78 In this situation, the landlord may
continue to rely on events that occurred while the fixed term contract was in
force. 79
4.63 The same rules apply to notices given by the landlord at the end of the fixed term
or under the break clause as apply to a landlord’s notice under a periodic
standard contract. 80
Mandatory grounds
4.64 In addition to the grounds for possession available generally, landlords under
standard contracts have two other mandatory grounds for possession available to
them. They are:
(1) where the landlord has given a landlord’s notice to which the contractholder
has not responded by voluntarily giving up possession of the
premises; 81 and
(2) where the contract-holder is in serious arrears of rent. 82
Possession claim – time restrictions
4.65 A claim for possession under the landlord’s notice ground, either under a periodic
standard contract, or in relation to a fixed term standard contract, cannot be
made before the end of the period of the notice, which must be at least two
months. 83
4.66 Applying the principle of “use it or lose it”, a claim for possession cannot be
brought more than four months after the end of the two-month period of the
notice. 84
77 Under cl 165, discussed above, at paras 4.32 to 4.34.
78 Cl 181(1).
79 Cl 181(3).
80 Cls 181(2) and 182(2).
81 Cls 175 and 195(2)(b).
82 Cls 187 and 196. Serious rent arrears are defined by reference to the rental period. Where
rent is payable monthly at least two months rent must be unpaid on the date the landlord
gives the possession notice, and on the date on which the court hears the possession
claim arising from that notice: cls 187(2) and (3). Cl 187(2) specifies the level of arrears
required on those dates where the rental period is a week or fortnight (at least eight weeks’
rent unpaid), a quarter (at least one quarter’s rent unpaid) and a year (at least three
months rent unpaid). This mirrors the Housing Act 1988, sch 2, part 1, ground 8.
83 Cls 176(a) and 182(2).
84 Cl 176(b).
77