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England

Secure tenancy notice of seeking possession

A landlord must serve a notice of seeking possession (NSP) on a secure tenant before applying to court for a possession order.

This content applies to England

Form and content of the notice

A notice of seeking possession must be in the prescribed form, or a form substantially to the same effect[1]

A version of the prescribed form for a notice of seeking possession is available on gov.uk.

The notice must:[2]

  • specify the ground or grounds on which possession is sought

  • set out the particulars of the ground, explaining why the ground is being relied upon

If insufficient particulars are given, then the possession claim should be struck out.[3] The landlord can ask for permission to add to or alter the particulars. Permission will be given if it is just and equitable to do so.[4] If the particulars are inaccurate the court can allow the claim to proceed or the particulars to be amended.[5] For example, if the landlord states a rent arrears figure that is later conceded to have been wrong.

All joint tenants must be named on the notice, even if some are not resident.[6]

Notice period

The notice must state a date after which possession proceedings can start.

Proceedings cannot normally start earlier than the date on which the tenancy could be ended by notice to quit. This is the longer of either four weeks or a complete period of the tenancy. The specified date must be either the first or last day of the period of the tenancy.[7]

For example, for a weekly secure tenancy that began on a Monday, the date would be:

  • at least four weeks after service of the notice

  • either a Sunday or a Monday (the first or last day of a tenancy period)

Court proceedings for claims under ground 2 (nuisance, annoyance or illegal behaviour) can start immediately. A notice served under ground 2 must state that court proceedings can be started immediately and give a date when the landlord requires the tenant to leave the property.[8]

The landlord can begin court proceedings at any time during the 12 months after the date specified on the notice. After 12 months have passed, the landlord must serve a new notice of seeking possession.[9]

Service of the notice

The landlord must serve the notice of seeking possession on the tenant.[10]

The Local Government Act 1972 allows a local authority to serve a notice authorised under any enactment by either:[11]

  • delivering it to the person

  • leaving it at their proper address

  • sending it by post to them at that address

The Court of Appeal found this applied to service of a notice of seeking possession on the mandatory ground for antisocial behaviour. Handing the notice to the tenant's partner at the property was good service. It did not matter when the tenant became aware of the notice.[12]

Section 196 of the Law of Property Act 1925 allows for valid service of a notice to be made by registered post or recorded delivery, or personal delivery to the tenant's property if the tenancy agreement explicitly states that service will be effective where it is done in accordance with section 196. A tenancy agreement might provide expressly for service by these methods.[13]

Dispensation from requirement to have served notice

The court can dispense with the requirement to serve notice if it is just and equitable to do so.[14] For example, this might include if a tenant has behaved antisocially and poses a risk to their neighbours.

The court can take into account:[15]

  • the harm or hardship caused to both landlord and tenant

  • the effect of the notice not being served

  • whether the tenant has raised the notice point promptly

Mandatory ASB ground

The court does not have the power to dispense with the requirement for a notice where the landlord is seeking possession under the mandatory ground for antisocial behaviour.[16]

Specific requirements when using mandatory ASB ground

Where possession is sought under the mandatory ground for antisocial behaviour, the notice must set out details of the conviction, order, or finding on which the landlord wants to rely to show the condition is met.[17]

It must specify a date after which court proceedings can start. This must be at least four weeks after the service of the notice and the first or last day of a period of the tenancy.

A notice served by a local authority or housing action trust must inform the tenant of their right to request a statutory review of its decision to seek possession within seven days of service of the notice.[18] A secure tenant of a private registered provider of social housing does not have this right.

When the notice must be served

The time limits for the service of the notice depend on which condition is being relied upon:

For condition 1 (conviction of serious offence), condition 3 (breach of a criminal behaviour order), or condition 5 (noise nuisance) the notice 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 (an injunction to prevent nuisance or annoyance) the notice 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 notice 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.

Find out more about the mandatory ground for antisocial behaviour.

Covid-19: temporary extension of the minimum notice period

Secure tenants were entitled to longer notices between 26 March 2020 and 30 September 2021.[19]

The minimum notice periods were:[20]

  • four months for notices served between 1 June 2021 and 30 September 2021

  • six months for notices served between 29 August 2020 and 31 May 2021

  • three months for notices served between 26 March 2020 and 28 August 2020

The relevant notice forms were also amended.[21]

In some circumstances the landlord could serve a shorter 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 secure tenancies during coronavirus restrictions.

Last updated: 6 April 2023

Footnotes

  • [1]

    Secure Tenancies (Notices) Regulations SI 1987/755.

  • [2]

    s.83(2) Housing Act 1985.

  • [3]

    Torridge v Jones (1986) 18 HLR 107, CA.

  • [4]

    Camden LBC v Oppong (1996) 28 HLR 701, CA.

  • [5]

    Dudley MBC v Bailey (1990) 2 HLR 424, CA.

  • [6]

    Newham LBC v Okotoro March 1993 Bow County Court.

  • [7]

    s.83 Housing Act 1985, s.5 Protection from Eviction Act 1977.

  • [8]

    s.83(5) Housing Act 1985.

  • [9]

    s.83(3)(b) Housing Act 1985.

  • [10]

    s.83(1)(a) Housing Act 1983.

  • [11]

    s.233 Local Government Act 1972.

  • [12]

    Birmingham City Council v Bravington [2023] EWCA Civ 308.

  • [13]

    Wandsworth LBC v Attwell (1995) 27 HLR 536, CA; s.196 Law of Property Act 1925, as amended by the Recorded Delivery Service Act 1962.

  • [14]

    s.83(1)(b) Housing Act 1985.

  • [15]

    Kelsey Housing Association v King (1996) 28 HLR 270, CA.

  • [16]

    s.83ZA(2) Housing Act 1985 as inserted by s.95 Anti-social Behaviour Crime and Policing Act 2014.

  • [17]

    s.83ZA Housing Act 1985 as inserted by s.95 Anti-social Behaviour Crime and Policing Act 2014.

  • [18]

    s 83ZA(3) Housing Act 1985 as inserted by s.95 Anti-social Behaviour, Crime and Policing Act 2014; s 85ZA(1) Housing Act 1985 as inserted by s.96 Anti-social Behaviour, Crime and Policing Act 2014.

  • [19]

    paras 3, 4 Sch 29 Coronavirus Act 2020, suspended by reg 2 The Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021 SI 2021/994.

  • [20]

    para 3 Sch 29 Coronavirus Act 2020, as amended by reg 3(4) The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 SI 2020/914 and reg 2(5) The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 SI 2021/564; para 1(1)(b)(i) Sch 29 Coronavirus Act 202 as amended by reg 2(2) The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021 SI 2021/284 and reg 2(2) The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 SI 2021/564; reg 3 The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 SI 2021/564.

  • [21]

    paras 3 and 4, Sch 29 Coronavirus Act 2020; Part 1-2 Secure Tenancies (Notices) Regulations 1987 SI 1987/755 as amended by para 10 Sch 29 Coronavirus Act 2020; para 1 Sch 29 Coronavirus Act 2020 and reg 2(11) The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 SI 2021/564.