Death of Assured Tenant

Shepping and another v Osaka (CA TLR 23 March)

Mr Osaka was an assured tenant who died leaving a widow. To obtain possession of the property pursuant to ground 7 of part 1 of Schedule 2 to the Housing Act 1988 the landlords had to begin possession proceedings not later than 12 months after the date in May 1988 on which they became aware of the tenant’s death. They had issued notice of intention to begin proceedings for possession under s8 of the Act within the relevant period, but the court proceedings had not begun until August 1999. On a true construction of the statute, the ‘proceedings’ referred to were the court proceedings, not the service of the notice of intention to begin proceedings. Accordingly the landlords were out of time.