Housing Act 1985

[F283 Proceedings for possession or termination: [F1general] notice requirements.E+W

(1)The court shall not entertain [F3proceedings to which this section applies] unless—

(a)the landlord has served a notice on the tenant complying with the provisions of this section, or

(b)the court considers it just and equitable to dispense with the requirement of such a notice.

[F4(A1)This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—

(a)proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or

(b)proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).]

(2)A notice under this section shall—

(a)be in a form prescribed by regulations made by the Secretary of State,

(b)specify the ground on which the court will be asked to make [F5the order] and

(c)give particulars of that ground.

[F6(3)Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a)shall also—

(i)state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii)specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b)ceases to be in force twelve months after the date so specified.]

(4)[F7Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice,] [F7If the proceedings are for an order for the possession of a dwelling-house (and Ground 2 in Schedule 2 is not specified in the notice),] the notice—

(a)shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b)ceases to be in force twelve months after the date so specified.

[F8(4A)If the proceedings are for a demotion order under section 82A the notice—

(a)must specify the date after which the proceedings may be begun;

(b)ceases to be in force twelve months after the date so specified.]

[F9(4B)The date specified in accordance with subsection (4)—

(a)must not be earlier than—

(i)in relation to a dwelling-house in England, the relevant notice period after the date of service of the notice, and

(ii)in relation to a dwelling-house in Wales—

(aa)four weeks after the date of service of the notice where Ground 2A in Schedule 2 is specified without any other ground, and

(ab)where sub-paragraph (aa) does not apply, six months after the date of service of the notice, and

(b)in a case where the tenancy is a periodic tenancy, must also not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(4C)In subsection (4B) “relevant notice period” means—

(a)where any one or more of the following grounds is specified in the notice—

(i)Ground 1 in Schedule 2 and at the time the notice is served at least six months’ rent is unpaid, or

(ii)Grounds 2ZA, 2A or 5 in Schedule 2,

and no other ground is specified, four weeks, and

(b)where paragraph (a) does not apply, six months.]

(5)The date specified in accordance with [F10subsection (3) [F11(4) or (4A)]] [F10subsection (4A)] must not be earlier than the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same date as the notice under this section.

(6)Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86; and [F12subsections (3) to (5)] [F12subsections (4B)(b) and (5)] of this section do not apply to the notice.

(7)Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.]