Assured tenancy notice seeking possession
A landlord must serve a notice seeking possession (NSP) on an assured tenant before applying to court for a possession order.
- Requirement for a notice to commence possession proceedings
- Section 8 notice periods
- Specific requirements when using mandatory ASB ground 7A
- Duration and expiry
- Form and content
- Service of section 8 notice
- Service of notice on joint tenants
- Dispensing with requirement for notice
- Temporary extension of the minimum notice period due to Covid-19
Requirement for a notice to commence possession proceedings
A landlord must first serve a notice of intention to bring proceedings on the tenant.[1] The notice is commonly referred to as a notice seeking possession (NSP) or a section 8 notice'
Section 8 Housing Act 1988 requires the notice to state a date after which possession proceedings can start.
See grounds for possession for circumstances in which a landlord can apply for possession of an assured tenancy.
From 4 May 2021 a section 8 notice served on grounds 8, 10 and 11 (grounds relating to rent arrears) during the breathing space period where rent arrears are included in the moratorium is invalid.[2]
Section 8 notice periods
The notice must state a date after which court proceedings can start.[3]
The following notice periods apply, depending on the ground used:
for grounds 1, 2, 5, 6, 7, 9 and 16 – the date specified must be at least two months after service (or a period equivalent to the contractual period of the tenancy, if longer)
for ground 14 – court proceedings for claims can start immediately[4]
for all other grounds (except 7A) – the date specified must be at least two weeks after service
An NSP served under ground 14 must state that court proceedings may be started immediately and give a date when the landlord requires the tenant to leave the property.
The minimum notice period was extended between 26 March 2020 and 30 September 2021 due to the coronavirus pandemic.
Section 8 notice periods from 1 October 2021: mandatory grounds
Mandatory ground | Notice period | Can a possession order take effect during a fixed term? |
---|---|---|
1: Owner occupier | two months | No |
2: Repossession by the landlord's lender | two months | If the tenancy agreement allows |
3: Holiday let | two weeks | No |
4: Student let | two weeks | No |
5: Property required for minister of religion | two months | No |
6: Property required for redevelopment | two months | No |
7: Death of the tenant | two months | If the tenancy agreement allows |
7A: Antisocial behaviour | one month if fixed term, 4 weeks if periodic | If the tenancy agreement allows |
7B: Tenant does not have a right to rent | two weeks | Yes |
8: Serious rent arrears | two weeks | If the tenancy agreement allows |
Section 8 notice periods from 1 October 2021: discretionary grounds
Discretionary ground | Notice period | Can a possession order take effect during a fixed term? |
---|---|---|
9: Suitable alternative accommodation | two months | No |
10: Rent arrears | two weeks | If the tenancy agreement allows |
11: Persistent delay in paying rent | two weeks | If the tenancy agreement allows |
12: Breach of tenancy conditions | two weeks | If the tenancy agreement allows |
13: Deterioration in the condition of the property | two weeks | If the tenancy agreement allows |
14: Nuisance, annoyance, illegal or immoral use of the property | none, proceedings can start immediately | If the tenancy agreement allows |
14A: Domestic violence | two weeks | If the tenancy agreement allows |
14ZA: Offence during a riot | two weeks | If the tenancy agreement allows |
15: Deterioration of furniture | two weeks | If the tenancy agreement allows |
16: Employee of the landlord | two months | No |
17: Tenancy obtained by false statement | two weeks | If the tenancy agreement allows |
Specific requirements when using mandatory ASB ground 7A
When possession is sought under the mandatory antisocial behaviour (ASB) ground 7A, the NSP must:
set out details of the conviction, order, or finding on which the landlord wants to rely to show the condition is met[5]
specify the date after which court proceedings can start, which must be:[6]
at least four weeks after the service of the NSP (or one month in case of a fixed-term tenancy), and
the first or last day of the period of the tenancy (unless the tenancy agreement says otherwise)
Time limits for the service
The time limits for the service of the NSP on the tenant vary according to which condition is being relied upon:[7]
for condition 1 (conviction of serious offence), condition 3 (breach of a criminal behaviour order), or condition 5 (noise nuisance) – the NSP must be served within 12 months of the date of conviction, or if appropriate within 12 months of an appeal being decided or abandoned
for condition 2 (breach of an injunction to prevent nuisance or annoyance) – the NSP must be served within 12 months of the date the court found the injunction had been breached, or if appropriate within 12 months of an appeal being decided, abandoned or withdrawn
for condition 4 (closure order) – the NSP must be served on the tenant within 3 months of the date the closure order was made, or if appropriate within 3 months of an appeal being decided, abandoned or withdrawn
Duration and expiry
A section 8 notice expires 12 months after service. A landlord wishing to start court proceedings beyond that period will need to serve a fresh NSP.[8]
Form and content
The notice must:
be in the prescribed form, or in a form substantially to the same effect
specify the ground(s) on which possession is being sought
set out the 'particulars' of the ground, explaining how the ground applies
Prescribed form
A notice seeking possession on an assured tenancy must be served in the prescribed form or be substantially to the same effect.[9] If there is a dispute, it is for the court to decide whether the notice is valid.
A notice served on or after the date when the prescribed notice form is amended must be either in the new prescribed form or substantially to the same effect.
The prescribed form was amended on 1 October 2021.[10]
A version of the prescribed form can be found on Gov.uk.
Previously the prescribed form was amended on 1 June 2021 to reflect the extension of the minimum notice periods due to the coronavirus pandemic.[11] Before 1 June, in line with the Coronavirus-related provisions in Schedule 29 to the Coronavirus Act 2020, the notice was to be read so that extended notice periods apply.[12]
The prescribed notice form was also amended on 4 May 2021 to reflect the breathing space provisions.[13] Any notice served between 4 May 2021 and 1 June 2021 had to be in this form or substantially to the same effect.
Possession grounds and how they apply
The notice must list the grounds on which the landlord is seeking possession and explain how these grounds apply.[14]
If insufficient particulars are given, then the possession claim should be struck out.[15] A landlord can ask for permission to add to or alter the particulars, but permission will only be given where it would be just and equitable to do so.[16] If the particulars are inaccurate (for example, the rent arrears figure stated is later conceded to have been wrong), the court can allow the claim to proceed or the particulars to be amended.[17]
It is likely that each case will have to be considered individually and in the context of its particular circumstances.
Court decisions on the validity of section 8 notice
The Court of Appeal has examined the relevant case law and outlined the approach for assessing the validity of statutory notices, including notices for assured tenants:[18]
Would a reasonable recipient reading the notice in context understand it?[19] Consideration may be given to any covering letters accompanying the notice.[20]
If the reasonable recipient would be able to spot the error and establish the notice’s intended meaning, this is how the notice should be interpreted.
Does the notice comply with the statutory requirements specific to the legal regime under which it is served?[21]
If the notice, properly interpreted, does not comply with the statutory requirements, does the relevant statutory regime permit the notice to be substantially to the same effect as the prescribed form?
In the same case, the Court of Appeal held that where the landlord had served a notice on the grounds of rent arrears and had recorded the date after which court proceedings would commence as 26 November 2017 instead of 26 November 2018, the notice was valid, because it passed the reasonable recipient test (the wrong date was described by the Court as an obvious typographical error and there was a covering letter that stated the correct date), and the date after which possession proceedings would commence was not of particular contractual significance but provided the tenant faced with a threat of possession with enough time to consider what course of action to take.[22]
Signing by agent
The Court of Appeal held that a section 8 notice can contain the name and address of the landlord's agent, instead of the landlord's details.[23] A section 8 notice is not a 'demand for rent' within the meaning of s.47 Landlord and Tenant Act 1987, which would require the details of the landlord.
Signing by company
A section 8 notice can be signed by an employee of the landlord, if the landlord is a company. It does not have to be signed by a director of the company.[24]
Service of section 8 notice
A landlord is not required to serve the notice in any particular way. In the event the tenant does not acknowledge service, a landlord must prove that the notice was served.
Section 196 of the Law of Property Act 1925 allows for valid service of the notice to be made by registered post or recorded delivery, or personal delivery to the tenant's property, but only when the tenancy agreement explicitly states that service will be effective where it is done in accordance with section 196. Alternatively, the agreement can provide expressly for service by these methods.[25]
Service of notice on joint tenants
The notice must be served on all joint tenants and all tenants must be named on the notice, even if some are not resident.[26]
Dispensing with requirement for notice
The requirement for a notice to be served may be dispensed with if the court considers it just and equitable to do so (for example, where a tenant has caused a considerable nuisance to neighbours).[27]
Factors for the court to take into account include:[28]
the harm or hardship caused to both landlord and tenant
the effect of the notice not being served, and
whether the tenant has raised the notice point promptly
The court does not have the power to dispense with the requirement for service of an NSP where the landlord is seeking possession under grounds 7A (mandatory ASB ground), 7B (no right to rent ground) or 8 (rent arrears ground).[29]
Temporary extension of the minimum notice period due to Covid-19
Assured tenants were entitled to longer notices between 26 March 2020 and 30 September 2021.[30] These rules also applied to assured shorthold tenants if the landlord was seeking possession on grounds.
The minimum notice periods were:[31]
four months for section 8 notices served between 1 June 2021 and 30 September 2021
six months for section 8 notices served between 29 August 2020 and 31 May 2021
three months for section 8 notices served between 26 March 2020 and 28 August 2020
In certain circumstances the landlord could serve a shorter section 8 notice.
The government published technical guidance on eviction notices. This guidance was withdrawn on 25 March 2022. It contains a table summarising the minimum notice requirements for assured and assured shorthold tenancies during coronavirus restrictions.
Last updated: 18 April 2023