View Full Version : Meaning of this clause in AST

13-04-2008, 10:15 AM
The AST which was signed by my tenants and my agents (as I was abroad)
details this section

"Section 5 General - All parties to this agreement should read these clauses.

5.8 Owner Occupier Ground 1

The Landlord gives notice to the tenant that the premises may be sought under Ground 1 of part of schedule 2 of the Housing act 1988 in that -

At sometime before the begining of the tenancy the landlord , or in the case of joint landlords, at least one of them occupied the premises as his only or principle home; or the landlord, or in the case of joint landlords at least one of them requires the premises as his or spouses only or principle house "

but my agents still maintain i can not give 2 months notice under the housing act mandatory possession ground one as "Prior Notice" was not given .

But does the contract not state this ? and i satisfy it on other grounds.
Any ideas

13-04-2008, 10:46 AM
Any ideasWhy don't you ask the agents who drew up the AST? I doubt it's enforceable, as it certainly doesn't qualify under the 'Plain English' test, does it?

13-04-2008, 11:32 AM
Too true not very clear and my tennants are not fluent in English as a first language , the agents say its a clause to regain ownership after the tenancy
ends . But to be honest for the last 6 years they have taken 15% and now i need some help they are all but useless , and i am paying them to be the expert .

13-04-2008, 14:17 PM
The wording exactly corresponds with g1 in Schedule 2 to Act- so 'plain English' is irrelevant. However, g1 demands that Notice be given to T "not later than the beginning of the tenancy", so I doubt that wording in the actual Agreement will suffice.