Where an assured tenant is no longer using a property as their only or principal home, they lose the protection of the Housing Act 1988. The Assured tenancy status ends leaving a contractual tenancy agreement which can be determined by service of a Notice to Quit. However, it is always advisable to serve a Notice Seeking Possession setting out the breaches of the tenancy agreement. The Notice Seeking Possession should be headed, “This Notice is served without prejudice to our contention that you have lost the protection of the Housing Act 1988 in failing to occupy the Premises as your only or principal home.” In the event that the Notice to Quit fails the Assured tenancy continues then the without prejudice Notice Seeking Possession may be relied upon. The same applies to secure tenancies under the Housing Act 1985.
For more information please contact Paul Hayes, or your Lewis Silkin contact.