Part V Conduct of tenants

Chapter II Repossession, &c.: Secure and Assured Tenancies

Assured tenancies

I1150 Additional notice requirements: domestic violence.

After section 8 of the Housing Act 1988 insert—

8A Additional notice requirements: ground of domestic violence.

1

Where the ground specified in a notice under section 8 (whether with or without other grounds) is Ground 14A in Schedule 2 to this Act and the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for possession of the dwelling-house unless—

a

the landlord or, in the case of joint landlords, at least one of them has served on the partner who has left a copy of the notice or has taken all reasonable steps to serve a copy of the notice on that partner, or

b

the court considers it just and equitable to dispense with such requirements as to service.

2

Where Ground 14A in Schedule 2 to this Act is added to a notice under section 8 with the leave of the court after proceedings for possession are begun and the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless—

a

the landlord or, in the case of joint landlords, at least one of them has served a notice under subsection (3) below on the partner who has left or has taken all reasonable steps to serve such a notice on that partner, or

b

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

3

A notice under this subsection shall—

a

state that proceedings for the possession of the dwelling-house have begun,

b

specify the ground or grounds on which possession is being sought, and

c

give particulars of the ground or grounds.