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Notice Requirements
Ground 2 Repossession By the Landlord's Mortgage Lender
What is an invalid Notice?
A notice that does not meet one or more of the requirements below.
How to challenge an invalid Notice?
a) Identify the Notice requirement(s) from below that has not been satisfied
b) explain how it has not been satisfied, with evidence
c) demonstrate that consequences of not following such requirement(s) has:
rendered the claim legally invalid because the claim has not been brought in a manner which allows the recipient to understand what he is being notified of; and/or
some prejudice in your ability to defend the claim
How to challenge that fact that Notice has not been served?
a) Outline in your Defence Form or to the Court that Notice has not been Served - (No evidence is required as the burden is upon the Landlord to prove that Notice has been served)
b) Outline how this prejudices you in your Defence of the Claim
Your Notice must meet all of the requirements below to be valid
Formal Requirements of a Valid Section 8 Notice
Type of Notice Required
The notice must be a Notice of Seeking Possession under Section 8 of the Housing Act 1988. This is the statutory mechanism for landlords seeking possession during the term of an assured or assured shorthold tenancy due to a breach or other specified grounds. It is distinct from a Section 21 notice (used for no-fault possession at the end of a tenancy).
Type of Notice Required
The notice must be a Notice of Seeking Possession under Section 8 of the Housing Act 1988. This is the statutory mechanism for landlords seeking possession during the term of an assured or assured shorthold tenancy due to a breach or other specified grounds. It is distinct from a Section 21 notice (used for no-fault possession at the end of a tenancy).
Type of Notice Required
The notice must be a Notice of Seeking Possession under Section 8 of the Housing Act 1988. This is the statutory mechanism for landlords seeking possession during the term of an assured or assured shorthold tenancy due to a breach or other specified grounds. It is distinct from a Section 21 notice (used for no-fault possession at the end of a tenancy).
Was the Notice Served?
The notice must be properly served on the tenant. Acceptable methods include:
Hand delivery
Posting to the last known address
Leaving it at the property
Email (only if the tenancy agreement explicitly permits)
Proof of service is strongly advised, especially where legal proceedings are expected. The burden is on the landlord to show that the tenant received the notice.
Was the Notice Served?
The notice must be properly served on the tenant. Acceptable methods include:
Hand delivery
Posting to the last known address
Leaving it at the property
Email (only if the tenancy agreement explicitly permits)
Proof of service is strongly advised, especially where legal proceedings are expected. The burden is on the landlord to show that the tenant received the notice.
Was the Notice Served?
The notice must be properly served on the tenant. Acceptable methods include:
Hand delivery
Posting to the last known address
Leaving it at the property
Email (only if the tenancy agreement explicitly permits)
Proof of service is strongly advised, especially where legal proceedings are expected. The burden is on the landlord to show that the tenant received the notice.
Correct Form (Form 3)
The notice must be served using the prescribed Form 3, as required by The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997.
The form must include all mandatory information including:
The specific ground(s) relied on
Explanatory notes for the tenant
The date on which possession proceedings may begin
Correct Form (Form 3)
The notice must be served using the prescribed Form 3, as required by The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997.
The form must include all mandatory information including:
The specific ground(s) relied on
Explanatory notes for the tenant
The date on which possession proceedings may begin
Correct Form (Form 3)
The notice must be served using the prescribed Form 3, as required by The Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997.
The form must include all mandatory information including:
The specific ground(s) relied on
Explanatory notes for the tenant
The date on which possession proceedings may begin
Grounds Relied On Must Be Clearly Stated
The landlord must specify each ground being relied on for possession. For discretionary grounds, the notice must include an explanation of the facts that justify possession under that ground. If relying on multiple grounds, the longest applicable notice period must be given.
Grounds Relied On Must Be Clearly Stated
The landlord must specify each ground being relied on for possession. For discretionary grounds, the notice must include an explanation of the facts that justify possession under that ground. If relying on multiple grounds, the longest applicable notice period must be given.
Grounds Relied On Must Be Clearly Stated
The landlord must specify each ground being relied on for possession. For discretionary grounds, the notice must include an explanation of the facts that justify possession under that ground. If relying on multiple grounds, the longest applicable notice period must be given.
Did the Grounds Exist at the Time the Notice Was Served?
The grounds stated in the notice must have existed at the time the notice was served. For example, under Ground 8, there must have been sufficient rent arrears at the time the notice was issued. If the factual basis of the ground is not met at the time of service, the notice may be invalid.
Did the Grounds Exist at the Time the Notice Was Served?
The grounds stated in the notice must have existed at the time the notice was served. For example, under Ground 8, there must have been sufficient rent arrears at the time the notice was issued. If the factual basis of the ground is not met at the time of service, the notice may be invalid.
Did the Grounds Exist at the Time the Notice Was Served?
The grounds stated in the notice must have existed at the time the notice was served. For example, under Ground 8, there must have been sufficient rent arrears at the time the notice was issued. If the factual basis of the ground is not met at the time of service, the notice may be invalid.
Notice Periods Must Be Correct
The notice must give the correct minimum notice period as required by law for the specific ground(s).
The notice must also state the date after which possession proceedings can be issued, which must fall after the end of the relevant notice period.
The notice period for Ground 2: 2 Months
Notice Periods Must Be Correct
The notice must give the correct minimum notice period as required by law for the specific ground(s).
The notice must also state the date after which possession proceedings can be issued, which must fall after the end of the relevant notice period.
The notice period for Ground 2: 2 Months
Notice Periods Must Be Correct
The notice must give the correct minimum notice period as required by law for the specific ground(s).
The notice must also state the date after which possession proceedings can be issued, which must fall after the end of the relevant notice period.
The notice period for Ground 2: 2 Months
Outlining When to Vacate the Property
The notice must clearly state the date by which the landlord requires the tenant to leave the property. This must align with or follow the end of the relevant notice period and be reasonable. If this is omitted or incorrect, the notice may be defective.
Outlining When to Vacate the Property
The notice must clearly state the date by which the landlord requires the tenant to leave the property. This must align with or follow the end of the relevant notice period and be reasonable. If this is omitted or incorrect, the notice may be defective.
Outlining When to Vacate the Property
The notice must clearly state the date by which the landlord requires the tenant to leave the property. This must align with or follow the end of the relevant notice period and be reasonable. If this is omitted or incorrect, the notice may be defective.
Date of Notice Expiry
Possession proceedings must be issued within 12 months of the date on which the notice was served. If proceedings are started after this 12-month window, the notice expires and a fresh Section 8 notice must be served.
Date of Notice Expiry
Possession proceedings must be issued within 12 months of the date on which the notice was served. If proceedings are started after this 12-month window, the notice expires and a fresh Section 8 notice must be served.
Date of Notice Expiry
Possession proceedings must be issued within 12 months of the date on which the notice was served. If proceedings are started after this 12-month window, the notice expires and a fresh Section 8 notice must be served.
Service on Joint Tenants
If the tenancy is held jointly, the notice must be addressed to and served on all joint tenants. Failure to include all joint tenants in the notice can invalidate it and may prevent the landlord from obtaining possession.
Service on Joint Tenants
If the tenancy is held jointly, the notice must be addressed to and served on all joint tenants. Failure to include all joint tenants in the notice can invalidate it and may prevent the landlord from obtaining possession.
Service on Joint Tenants
If the tenancy is held jointly, the notice must be addressed to and served on all joint tenants. Failure to include all joint tenants in the notice can invalidate it and may prevent the landlord from obtaining possession.
Clarity and Accuracy of the Grounds Explanation
The notice must clearly explain the facts relied on for each ground. This is especially important for discretionary grounds. The tenant must be able to understand the nature of the landlord’s claim.
Clarity and Accuracy of the Grounds Explanation
The notice must clearly explain the facts relied on for each ground. This is especially important for discretionary grounds. The tenant must be able to understand the nature of the landlord’s claim.
Clarity and Accuracy of the Grounds Explanation
The notice must clearly explain the facts relied on for each ground. This is especially important for discretionary grounds. The tenant must be able to understand the nature of the landlord’s claim.
Validity of Tenancy Type
Section 8 only applies to assured or assured shorthold tenancies. If the tenancy does not fall under these definitions, a Section 8 notice will be invalid.
Validity of Tenancy Type
Section 8 only applies to assured or assured shorthold tenancies. If the tenancy does not fall under these definitions, a Section 8 notice will be invalid.
Validity of Tenancy Type
Section 8 only applies to assured or assured shorthold tenancies. If the tenancy does not fall under these definitions, a Section 8 notice will be invalid.
Notice Must Be Signed and Dated
The notice must be signed and dated by the landlord or authorised agent. An undated or unsigned notice is invalid, and the date of the notice is used to determine expiry and validity periods.
Notice Must Be Signed and Dated
The notice must be signed and dated by the landlord or authorised agent. An undated or unsigned notice is invalid, and the date of the notice is used to determine expiry and validity periods.
Notice Must Be Signed and Dated
The notice must be signed and dated by the landlord or authorised agent. An undated or unsigned notice is invalid, and the date of the notice is used to determine expiry and validity periods.
FAQ
FAQ
FAQ
Failed Service or Invalid Notice
Still have questions? We've got answers.
What happens if Notice was not served?
The Landlord must serve notice. Failure to do so means he has to convince the court to allow him to continue with the claim without notice.
The Court can only allow the landlord to continue the claim without serving notice if: it is just and equitable to do so (s.83(1)(b) Housing Act 1985.)
When deciding whether or not to proceed without service of the notice, the court will have to determine whether there was any prejudice caused to the tenant as a result of not receiving the notice.
Judicial Guidance on this issue
“The purpose of the requirement of statutory notice is to enable the relevant party to take steps to remedy the complaints so that he can be in as good a position as possible to avoid eviction” - Kelsey Housing Association v King (1996) 28 HLR 270, CA,
It is "obviously only in relatively exceptional cases where the court should be prepared to dispense with a section 83 notice". (Braintree DC v Vincent[2004] EWCA Civ 415; 9 March 2004.
It is unlikely that Court will dispense with the requirement to serve a notice in cases of rent arrears, as the tenant needs to be made aware of the amount of arrears claimed and the landlord's intention to issue proceedings in order to have enough time to remedy the situation.
Example of exceptional case where the court dispensed with the notice requirement
In the case of Kelsey Housing Association v King (1996) 28 HLR 270, CA, the court dispensed with requirement to serve notice. However, in this case, the tenant was held to have ample time to remedy the situations he was complained of doing and which as the subject of the proceedings. It did not cause the tenant prejudice that he did not have notice of the proceedings. The tenant could have remedied the situation from the point of initial complaint and by the time the possession proceedings were issued by the landlord.
What happens if Notice was not served?
What happens if Notice was not served?
What happens if the Landlord does not meet one or more of the Notice Requirements?
What happens if the Landlord does not meet one or more of the Notice Requirements?
What happens if the Landlord does not meet one or more of the Notice Requirements?
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Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.
Achieve effective, efficient and actionable legal support with TenantShield.
Achieve efficient support by using
our Step-by-Step Legal Guides and AI Assistant.