ABSTRACT

He would probably do best to grant a tenancy of the property which is subject to Case 1 of Sched 2 to the Housing Act 1988, on the basis of his previous residence there. Before granting the tenancy, he must serve the tenant with a notice telling him that the tenancy is to be subject to this Ground and should get the tenant to sign a receipt for that notice (see 2.9.1 and 6.5.1). He will then be able to recover possession whenever he wants, subject only to giving two months’ notice pursuant to s 8. It will not be necessary for him to show any reason for requiring possession before exercising this right. Although he could achieve the same ability to recover the property by granting an assured shorthold tenancy without serving the Ground 1 notice, using the notice gives him the advantage of being able to use summary procedure (see 6.8).