• Case 19

  Where the dwelling-house was let under a protected short-hold tenancy (or is treated under section 55 of the Housing Act 1980 as having been so let) and—

  1. a

     there either has been no grant of a further tenancy of the dwelling-house since the end of the protected shorthold tenancy or, if there was such a grant, it was to a person who immediately before the grant was in possession of the dwelling-house as a protected or statutory tenant; and

  2. b

     the proceedings for possession were commenced after appropriate notice by the landlord to the tenant and not later than 3 months after the expiry of the notice.

  A notice is appropriate for this Case if—

  1. i

     it is in writing and states that proceedings for possession under this Case may be brought after its expiry; and

  2. ii

     it expires not earlier than 3 months after it is served nor, if, when it is served, the tenancy is a periodic tenancy, before that periodic tenancy could be brought to an end by a notice to quit served by the landlord on the same day ;

  3. iii

     it is served—

     1. a

        in the period of 3 months immediately preceding the date on which the protected shorthold tenancy comes to an end; or

     2. b

        if that date has passed, in the period of 3 months immediately preceding any anniversary of that date ; and

  4. iv

     in a case where a previous notice has been served by the landlord on the tenant in respect of the dwelling-house, and that notice was an appropriate notice, it is served not earlier than 3 months after the expiry of the previous notice.