To those not acquainted with housing law, Ground 8 is one of the mandatory grounds for possession of an assured tenancy listed in Housing Act 1988 Schedule 2. It forms one of the major differences between an assured tenancy (typically Housing Association/Registered Social Landlord) and a secure tenancy (typically Local Authority). As the wholesale transfers of local authority housing stock and tenancies to Housing Associations continue, not wholly uncontested, these differences become increasingly significant.
We (Northampton Defend Council Housing) have been pointing out the following:
Councils claim that the new landlord will write additional rights into the new assured tenancy contract which will make it the equivalent of a secure tenancy. A promise by the new landlord not to use certain powers is not the same as the statutory rights ‘secure’ tenants have in law.
If an housing association wants to ignore the promises they have made in a tenancy agreement, and rely instead on the weaker rights set out in law, they may be able to do so. In a leading court case a judge found that a housing association were entitled to override the promise they had made to always give notice before issuing proceedings, because this was allowed by statute.”
We (NDCH) ARE demanding that the Council get a legal opinion and feed that back to ALL tenants
PS Consultants’ (Northampton ITA) response is as follows:
You are right that this issue may well need to be tested in law…