SECTION 8 - GROUND 17

Other

I have a tenant that I wish to evict under groung 17 (false statements on his tenancy application). According to information on the RLA wensite (see below). a Judge will only make an order if the tenancy agreement allows for it during the fixed term (in my case 12 month ast).

I have studied the RLA tenancy agreement that I used and can not see where it makes allowences for ground 17 to be used during the tenancy. Surely this should be included if we are to be totally protected.

Am I missing something here (maybe I missed it when reading the agreement) or is this a weakness in the RLA tenancy agreement?

Also - The tenancy agreement (section F) says we may reposses the property if the tenant fails to pay the rent after 14 days from when it was due. Surely this is not correct. I beive you have to be two months in arrears in order to try for a repossesion?

My tennat stopped paying his rent on the 9th January 2009.

Any help or advise would be appreciated.

GROUND 17
The Tenant is the person, or one of the persons, to whom the tenancy was granted and
the Landlord was induced to grant the tenancy by a false statement made knowingly
or recklessly by:-
(a) the Tenant, or
(b) a person acting at the Tenant’s instigation.

• The Court will not make an order under grounds 1, 3 to 7, 9 or 16, to take effect during the fixed term of the
tenancy (if there is one) and it will only make an order during the fixed term on grounds 2, 8, 10 to 15 or 17 if the
terms of the tenancy make provision for it to be brought to an end on any of these grounds.