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Housing Act 1985

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This is the original version (as it was originally enacted).

83Notice of proceedings for possession or termination.

(1)The court shall not entertain—

(a)proceedings for the possession of a dwelling-house let under a secure tenancy, or

(b)proceedings for the termination of a secure tenancy,

unless the landlord has served on the tenant a notice complying with the provisions of this section.

(2)The notice 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 an order for the possession of the dwelling-house or for the termination of the tenancy, and

(c)give particulars of that ground.

(3)Where the tenancy is a periodic tenancy the notice—

(a)shall also specify a 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;

and the date so specified 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.

(4)Where the tenancy is a periodic tenancy, the court shall not entertain any such proceedings unless they are begun after the date specified in the notice and at a time when the notice is still in force.

(5)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 subsections (3) and (4) of this section do not apply to the notice.

(6)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.

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