Secure tenancy notice seeking possession

A landlord can serve a valid notice seeking possession on a secure tenant to start the possession process. The landlord must have a reason for evicting the tenant, called a ground for possession.

Most local authority tenants have a secure tenancy.

What makes a secure tenancy notice valid

To serve a valid notice, the landlord must:

• list a ground for possession and give reasons

• use the prescribed form

• give the tenant the right notice period

The court can dismiss the possession claim if the landlord did not serve the tenant with a valid notice.

A secure tenancy notice must list the ground on which the landlord is seeking possession and explain how it applies.[1]

The landlord can state more than one ground on the notice.

What grounds the landlord can use

Grounds 1 to 8 are discretionary, including a ground for rent arrears. Where the landlord uses a discretionary ground the court must decide if it is reasonable to evict the tenant. Find out more about secure tenancy grounds for possession.

The landlord must offer the tenant suitable alternative accommodation if the court orders possession on grounds 9 to 15A. Find out more about secure tenancy grounds for possession with rehousing.

A landlord can seek possession on the mandatory antisocial behaviour ground if one of the conditions are met. Find out more about the mandatory antisocial behaviour ground.

Landlord must state the ground in full

The notice must specify the ground and include the wording of the ground in full.

Where the notice does not follow the exact form of words set out in the legislation, the court must decide if it is similar enough to be substantially to the same effect.

Landlord must explain how the ground applies

The landlord must give reasons for relying on the ground. This is called the particulars. The particulars should give the tenant enough information to rectify the problem. The court can strike out the claim if the landlord does not give enough information.[2]

A landlord can ask for permission to add to or alter the particulars. The court should only give permission where it would be just and equitable to do so.[3] If the form includes inaccurate information, such as a rent arrears figures, the court can allow the claim to proceed or order the particulars to be amended.[4]

When the landlord uses the mandatory antisocial behaviour ground, the notice must set out details of the conviction, order, or finding the landlord wants to rely on.[5]

A notice of seeking possession must be in the prescribed form or a form substantially to the same effect which contains the same information.[6]

The court might dismiss the possession claim if it decides the notice is not substantially to the same effect as the prescribed form.

What the prescribed form looks like

The current version of the prescribed form is available on the Gov.uk website.

The form is sometimes updated. The court could dismiss a claim if the landlord has not used the correct version.

The form includes information for the tenant and sections for the landlord to complete.

The notice must state a date for the tenant to leave. After this date, the landlord can start court possession proceedings.

For most grounds, the date must be no earlier than the date on which the tenancy could be ended by a notice to quit. This is the longer of either four weeks or a complete period of the tenancy. The date must be the first or last day of the period of the tenancy.[7]

For example, where a weekly periodic tenancy began on a Monday, the date is:

• at least four weeks after the day the notice is served

• either a Sunday or a Monday

Ground 2 notice period

A landlord can seek possession on ground 2 for nuisance, annoyance, or illegal or immoral use of the property.

The landlord can start court proceedings on ground 2 immediately after serving a notice. The notice must state that court proceedings can start immediately and give a date when the landlord requires the tenant to leave the property.

The landlord needs to give the tenant the notice of seeking possession to start the possession process.[8] This is called serving the notice.

How a landlord should serve a notice

A local authority can serve a notice by either:[9]

• delivering it to the tenant

• leaving it the tenant's address

• sending it by post to the tenant's address

The tenancy agreement could allow service in line with section 196 Law of Property Act 1925. This allows valid service by registered post, recorded delivery, or personal delivery to the tenant's property.[10]

A notice can be considered served if the landlord hands it to the tenant's partner at the property.[11]

Service on joint tenants

All joint tenants must be named on the notice, even if some are not resident.[12]

Mandatory antisocial behaviour ground

When an antisocial behaviour condition is met a landlord can seek possession on the mandatory antisocial behaviour ground.

The landlord must serve the notice within a certain time, depending on the condition relied on. The notice must be served within 12 months of a conviction or breach of an injunction. Where the landlord is seeking possession because of a closure order, the notice must be served within three months of the closure order.

If there is an appeal, the time starts from when the appeal is decided, abandoned or withdrawn.

Find out more about the conditions for the mandatory antisocial behaviour ground.

Court dispenses with requirement for service

The court can dispense with the requirement to serve notice if it is just and equitable to do so.[13] This means the court can allow the possession claim to proceed even though the landlord did not serve a valid notice.

When deciding whether to proceed without notice, the court should consider the harm caused to both landlord and tenant, and the effect of the notice not being served.[14]

The court does not have the power to dispense with the requirement for a notice where the landlord is seeking possession on the mandatory ground for antisocial behaviour.[15]

Tenants should act as soon as they receive a notice. They might be able to stop the eviction.

Legal help and advice

Advice about a notice seeking possession is in scope for civil legal aid help.

If the tenant is eligible, they can get free legal advice and representation from a solicitor or specialist housing adviser.

Find out more about legal aid for housing problems.

Eviction for rent arrears

Where a landlord uses ground 1 for rent arrears, the tenant might have a defence that allows them to stay in their home. The tenant could arrange a payment plan or pay off arrears to prevent eviction.

Find out more about rent arrears possession.

When the notice period ends

If the tenant does not leave the property, the landlord can apply to the County Court to start a possession claim.

The landlord must start a possession claim within 12 months of the date the notice expires.[16] If they do not start the claim in time, they must serve a new notice if they still intend to seek possession unless the court dispenses with the requirement to serve notice.

Where the landlord has not served a valid notice, the tenant might have a defence. The court might strike out the claim, even if the landlord can show the ground is met.

Find out more about the possession proceedings process.