No the terms are clear - the lease only reverts back if the current owners go into administration
thanks for that.. just a thought. What happens if CCC loses the court case?
THE LANDLORD’S PROPOSAL FOR POSSESSION
Rather than proposing an assured periodic tenancy the landlord may seek to gain possession of the property. Whatever his grounds, or whether the tenant responds, the landlord will not be able to obtain possession without a court order.
The landlord must serve a notice, using Form 2, not more than 12 months or less than six months before the date for termination set out in the Form, which must not be before the date the lease ends, setting out in full the grounds which he or she consider justify possession.
If the tenant wishes to stay in the property they must respond to the landlord in writing, within two months from the date of the landlord’s notice. There is no special form for this. If the tenant does not respond they may lose their rights to remain in the property, or any rights they may have to buy the freehold or extend the lease.
- where the tenant has stated a wish to remain in the property, the landlord must apply to the court within two months of the date of the tenant’s response if he wishes to try and gain possession.
- where the tenant has not responded to the Form 2 notice, the landlord must apply to the court within four months of the date of the landlord’s notice.
If these time limits are not met, the landlord will not be able to proceed to obtain possession, though the landlord can begin the process again by serving another form 2.
There are a limited number of grounds on which the landlord may seek possession and these are specified in Schedule 2 to the Housing Act 1988 and Schedule 10 to the local Government and Housing 1989:
The landlord may only proceed on these grounds, must establish the facts and must also satisfy the court that it is reasonable to grant possession.
Please see the above Acts for full details of all of the grounds. Some examples of the grounds available are:
Schedule 2 Housing Act 1988
Ground 6: That the landlord who is seeking possession (or, if that landlord is a registered housing association or charitable trust, a superior landlord) intends to demolish or reconstruct the whole or a substantial part of the dwelling, or to carry out substantial works to any of it, and that the intended work cannot reasonably be carried out without the tenant giving up possession.
Ground 9: That suitable alternative accommodation is available for the tenant or will be available when the order for possession takes effect. Certain proof is required and conditions need to be satisfied, as required by law, where this ground is used.
Ground 10: That rent lawfully due from the tenant is unpaid on the date on which the proceedings for possession are begun, and was in
Arrears
What does this mean?Money that is owing by one party to another. This will usually be an amount owing by a leaseholder to a landlord which is payable under the lease, such as ground rent or a service charge.
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Ground 11: Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due.
Ground 12: Where any obligation of the tenancy (other than the payment of rent) has been broken or not performed.
Ground 13: That the condition of the property or any of the common parts has deteriorated owing to the neglect or default of the tenant or any other person residing in the property, and where caused by the person lodging with the tenant or a subtenant, the tenant has not taken such steps as they ought reasonably to have taken for the removal of the lodger or subtenant.
Ground 14: That the tenant or any other person residing in or visiting the property has been guilty of conduct causing or likely to cause a nuisance or annoyance to others, or has been convicted of using the property (or allowing the property to be used) for immoral or illegal purposes, or of an arrestable offence committed in, or in the locality of, the property.
Schedule 10 to the local Government and Housing 1989:
Paragraph 5 (1)(b): The landlord is a public body and, for the purpose of redevelopment after the termination of the tenancy, proposes to demolish or reconstruct the whole of or a substantial part of the property relevant to the landlord’s function; and
Paragraph 5 (1)(c): That the premises, or part or part of them, are reasonably required by the landlord for occupation as a residence for themselves or any son or daughter over 18 years of age, or their own or their spouse’s farther or mother and, if the landlord is not the immediate landlord, that they will be at the specified date of termination.
The court cannot make an order for possession on the last ground where the landlord’s interest was purchased or created after 18 February 1966, or where the court is satisfied that, having regard to all the circumstances of the case, including the question of whether other accommodation is available for the landlord or the tenant, greater hardship would be caused by making the order than by refusing to make it.
Where the court refuses to grant possession the landlord’s notice lapses and the lease continues until such time as further action is taken. The landlord may then serve a notice using Form 1, proposing an assured tenancy.
Similarly, the landlord may abandon his attempt to obtain possession and can withdraw his notice at any time by writing to the tenant and subsequently serve a Form 1 notice proposing an assured periodic tenancy. In this case there is also nothing to prevent the landlord from serving another Form 2 notice at a later date.
Whether the court refuses possession or the landlord withdraws his notice, there is a difference to the possible date for the termination of the lease.
