Section 86E — Housing and Planning Act 2016: Recovery of possession of secure tenancies in England

Recovery of possession of secure tenancies in England 86E 1 The landlord under a secure tenancy of a dwelling-house in England may bring proceedings for possession under this section if—

a the landlord has decided on a review under section 86A to seek possession at the end of the tenancy, and b the landlord has not subsequently revised the decision under section 86C.

2 If the landlord brings proceedings under this section the court must make an order for possession if satisfied that—

a the landlord has complied with all of the requirements of sections 86A to 86C, b the tenancy that was the subject of the review section 86A has ended, c the proceedings were commenced before the end of the period of 3 months beginning with the day on which the tenancy ended, and d the only fixed term tenancy still in existence is a new secure tenancy arising by virtue of section 86D.

3 But the court may refuse to grant an order for possession under this section if the court considers that a decision of the landlord under section 86A or 86C was wrong in law.

4 Where a court makes an order for possession of a dwelling-house under this section, any fixed term tenancy arising by virtue of section 86D on the coming to an end of the tenancy that was the subject of the review under section 86A comes to an end (without further notice) in accordance with section 82(2).

5 This section does not limit any right of the landlord under a secure tenancy to recover possession of the dwelling-house let on the tenancy in accordance with other provisions of this Part.