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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have just been issued with a notice to quit from my flat

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I have just been issued with a notice to quit from my flat with an assured tenancy under Ground 12 above. I am in a difficult position because I do not stay in the flat every night. I have a 1 day a week part time job in Bristol (my flat is in London) and I stay at my ex-partner's house in Bristol sometimes. I also stay with my elderly parents in London some nights. My current partner lives in the flat most of the time and he has been served with the Notice to Quit. He is not on my tenancy agreement. It would cause hardship for him to be asked to leave and would leave me without a home. The other complicating factor is that my name is XXXXX XXXXX mortgage of another property even though my ex-partner pays 100% of this every month. Am I certain to lose my flat and if not, what could I do to keep it? Should i ask my ex-partner to remove my name from the motgage on his home for example?

Thanks for your question.

Ground 12 is where possession is based upon a breach of the tenancy agreement, it is one of the more subjective grounds.

I assume that the landlord is complaining of a breach on the basis that either you do not occupy the property most of the time or that your partner is living there without authorisation. You should ask your landlord.

It can be quite difficult to get possession on this ground alone and there will certainly be a court hearing. You might be able to argue that because you up to date with the rent and have otherwise observed the tenancy and that no damage has actually been caused to the landlord that you either an order for possession should not be made or that you should ask for a suspended possession order.

A suspended possession order is where an order for possession will come into effect if a certain thing happens, so in this case if the breach were to continue.

If you are able to show that the offending behaviour which is regarded as a breach by the landlord will not continue then I would say you have a good chance of getting a suspended possession order from county court. You can then remain in the property and providing that you do not breach the tenancy again you will be able to complete the fixed term tenancy agreement.

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Kind regards

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