Landlord's notice to end a demoted tenancy

A local authority (or housing action trust) landlord must serve a notice of proceedings for possession before applying to the court for a possession order.

The notice period must be a minimum of 28 days or equivalent to the length of a period of the tenancy, whichever is longer.[1]

There is no prescribed form, but the notice must:[2]

• be in writing

• state that the court will be asked to make a court order for possession of the property

• outline the reasons for the landlord's decision to seek possession

• specify the date after which possession proceedings may begin

• inform the tenant of their right to a review of the landlord's decision and the time limit for requesting a review

Dispensation from requirement for notice

The court has no power to waive the requirement for a notice seeking possession or compliance with the above requirements in the case of a defective notice.

Right of review

A demoted tenant of a local authority or housing action trust has a statutory right to a review of the landlord's decision to repossess. The review procedure for demoted tenancies is set out in the Housing Act 1996, as amended by the Anti-social Behaviour Act 2003, and the supplementary regulations.[3]

The tenant has 14 days from the date on which the notice was served to request a review. They can request an oral hearing or submit a written representation (which must arrive at least two days before the review date).

The landlord must inform the tenant of the date of the review, and the time and place if the tenant has requested an oral hearing, at least five clear days before the review date.

The review must be carried out by someone who was not involved in the original decision to seek possession.

The landlord must notify the tenant of its review decision before the notice seeking possession expires (although it can specify a longer period in the notice).

Before a private registered provider of social housing (PRPSH) landlord can commence possession proceedings, it must serve the tenant with a valid notice, either under section 8 or section 21 of the Housing Act 1988. It is most likely to be under section 21.

PRPSH demoted tenants have no statutory right to a review of the landlord's decision to repossess.

Landlords and lenders are prohibited from giving a notice and issuing a claim for possession or from applying for a warrant of eviction on the basis of rent arrears, during a breathing space moratorium. For more details, see Breathing space debt moratorium and possession proceedings.

During the coronavirus pandemic the minimum notice periods were extended.

Between 26 March 2020 and 30 September 2021 demoted tenants were entitled to longer notices.[4]

The minimum notice periods were:[5]

• 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

In certain circumstances, a landlord could serve a shorter notice.

Exceptions for rent arrears

Between 1 June 2021 and 30 September 2021, the minimum notice period was four weeks if:[6]

• the landlord was seeking possession for rent arrears and

• the level of arrears was equal or over four months’ worth of rent

Between 1 August 2021 and 30 September 2021 landlords could serve a two months’ notice for rent arrears of less than four months if this was the only reason for seeking possession.[7]

Exceptions for grounds relating to the tenant’s conduct

Between 29 August 2020 and 30 September 2021, the minimum notice period was four weeks if the landlord was seeking possession because of the tenant’s anti-social behaviour.[8]

Between 1 June 2021 and 30 September 2021, the minimum notice period was four weeks if the reason for seeking possession related to the fact that the tenancy was granted as a result of a false statement (ground 5 for secure tenancies).[9]