Part I Rented Accommodation
Chapter I Assured Tenancies
Security of tenure
8 Notice of proceedings for possession.
(1)
The court shall not entertain proceedings for possession of a dwelling-house let on an assured tenancy unless—
(a)
(b)
the court considers it just and equitable to dispense with the requirement of such a notice.
(2)
The court shall not make an order for possession on any of the grounds in Schedule 2 to this Act unless that ground and particulars of it are specified in the notice under this section; but the grounds specified in such a notice may be altered or added to with the leave of the court.
(3)
A notice under this section is one in the prescribed form informing the tenant that—
(a)
the landlord intends to begin proceedings for possession of the dwelling-house on one or more of the grounds specified in the notice; and
(b)
(c)
those proceedings will not begin later than twelve months from the date of service of the notice.
F6F7(3A)
If a notice under this section specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds), the date specified in the notice as mentioned in subsection (3)(b) is not to be earlier than—
(a)
in the case of a periodic tenancy, the earliest date on which, apart from section 5(1), the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section;
(b)
in the case of a fixed term tenancy, one month after the date on which the notice was served.
F8(4)
If a notice under this section specifies in accordance with subsection (3)(a) above F9Ground 14 F9either or both of Grounds 7A and 14 in Schedule 2 to this Act F10(whether F11with or without other grounds F12or with any ground other than Ground 7A), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the date of the service of the notice.
F13(4A)
If a notice under this section specifies in accordance with subsection (3)(a) above, any of Grounds 1, 2, 5 to 7, 9 and 16 in Schedule 2 to this Act (whether without other grounds or with any ground other than Ground F147A or 14), the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than—
(a)
two months from the date of service of the notice; and
(b)
if the tenancy is a periodic tenancy, the earliest date on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the date of service of the notice under this section.
(4B)
In any other case, the date specified in the notice as mentioned in subsection (3)(b) above shall not be earlier than the expiry of the period of two weeks from the date of the service of the notice.
F13(4AA)
If a notice under this section does not specify Ground 7A or 14 in Schedule 2, the date specified in the notice as mentioned in subsection (3)(b) must not be before the end of the longest period shown in the following table for any ground specified in the notice.
Ground specified in notice | Period |
|---|---|
1, 1A, 1B, 2, 2ZA, 2ZB, 2ZC, 2ZD, 4A, 6, 6A, 6B | four months beginning with the date of service of the notice |
5, 5A, 5B, 5C, 5D, 5H, 7, 9 | two months beginning with the date of service of the notice |
5E, 5F, 5G, 8, 10, 11, 18 | four weeks beginning with the date of service of the notice |
4, 7B, 12, 13, 14ZA, 14A, 15, 17 | two weeks beginning with the date of service of the notice |
F15(4C)
A notice under this section that specifies in accordance with subsection (3)(a) Ground 7A in Schedule 2 to this Act (whether with or without other grounds) must be served on the tenant within the time period specified in subsection (4D), (4E) or (4F).
(4D)
Where the landlord proposes to rely on condition 1, 3 or 5 in Ground 7A, the notice must be served on the tenant within—
(a)
the period of 12 months beginning with the day of the conviction, or
(b)
if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
(4E)
Where the landlord proposes to rely on condition 2 in Ground 7A, the notice must be served on the tenant within—
(a)
the period of 12 months beginning with the day on which the court has made the finding, or
(b)
if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(4F)
Where the landlord proposes to rely on condition 4 in Ground 7A, the notice must be served on the tenant within—
(a)
the period of 3 months beginning with the day on which the closure order was made, or
(b)
if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
(5)
F18(5A)
A notice given by an intermediate landlord under Ground 2ZA is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZC.
(5B)
A notice given by an intermediate landlord under Ground 2ZB is to be treated, when the superior tenancy ends, as a notice given by the person who became the landlord by virtue of section 18 under Ground 2ZD.
F19(6)
Where a notice under this section—
(a)
is served at a time when the dwelling-house is let on a fixed term tenancy, or
(b)
is served after a fixed term tenancy has come to an end but relates (in whole or in part) to events occurring during that tenancy,
the notice shall have effect notwithstanding that the tenant becomes or has become tenant under a statutory periodic tenancy arising on the coming to an end of the fixed term tenancy.
F20(7)
Regulations made under section 45(1) by virtue of subsection (3) may—
(a)
provide for the form to be published by the Secretary of State;
(b)
provide that the form to be used is the version that has effect at the time the requirement applies.