A landlord can issue a notice seeking possession where a tenant has breached the terms of their agreement.

A notice seeking possession must give the correct notice period to be valid. A court can dismiss a claim for possession if the notice period was incorrect.

Get a copy of the notice

Ask the tenant to see the notice and take a copy for your records. If the tenant does not have a copy of the notice, get their permission to request a copy of the notice from the landlord.

A landlord must use the right prescribed form to give a tenant notice.

The prescribed forms are sometimes updated. The court could dismiss a claim if the landlord has not used the correct version.

Assured tenant

Check the landlord has used a Tenancy Form 3.

This is sometimes called a Section 8 notice.

Secure tenant

Check the landlord has used a Notice of Seeking Possession.

Check the notice is valid

A valid notice must:

• be served on the tenant

• be on the prescribed form

• name the tenant

• list the address

• give the correct amount of notice

• provide grounds

A court can dismiss a claim for possession if the notice is not valid.

Read more about notices in possession proceedings at Shelter Legal.