Please follow the checklist below
Ground 1
Notice Requirements for s.84A
Notice Requirements
1
Type of Notice required
2
The notice must state that the court will be asked to make an order under section 84A for the possession of the dwelling-house,
3
The notice must set out the reasons for the landlord’s decision to apply for the order (including the condition or conditions in section 84A on which the landlord proposes to rely)
4
The notice must nform the tenant of any right that the tenant may have under section 85ZA to request a review of the landlord’s decision and of the time within which the request must be made.
5
In a case where possession is also sought on one or more other grounds in addition to S.84A Housing Act 1985, the notice must also
(a)specify the ground on which the court will be asked to make the order,
and
(b)give particulars of that ground
6
A notice which states that the landlord proposes to rely upon Condition 1, 3 or 5 in section 84A, must:
and
b) must be served on the tenant within:
i) the period of 12 months beginning with the day of the conviction,
or
ii) if there is an appeal against the conviction, the period of 12 months beginning with the day on which the appeal is finally determined or abandoned.
7
A notice which states that the landlord proposes to rely upon Condition 2 in section 84A, must:
and
b) must be served on the tenant within:
i) the period of 12 months beginning with the day on which the court has made the finding
or
ii) if there is an appeal against the finding, the period of 12 months beginning with the day on which the appeal is finally determined, abandoned or withdrawn.
8
A notice which states that the landlord proposes to rely upon Condition 4 in section 84A, must:
and
b) must be served on the tenant within:
i) the period of 3 months beginning with the day on which the closure order was made
or
ii) if there is an appeal against the making of the order, the period of 3 months beginning with the day on which the appeal is finally determined, abandoned or withdraw
9
A notice under this section must also inform the tenant that, if the tenant needs help or advice about the notice and what to do about it, the tenant should take it immediately to a Citizens’ Advice Bureau, a housing aid centre, a law centre or a solicitor.
10
The Date from which possession proceedings may beging
(a)must also specify the date after which proceedings for the possession of the dwelling-house may be begun
and
(b)ceases to be in force 12 months after the date so specified.
The date specified in accordance with (a) above must not be earlier than:
(a)in the case of a periodic tenancy, the date on which the tenancy could, apart from this Part, be brought to an end by notice to quit given by the landlord on the same day as the notice under this section;
and
(b)in the case of a secure tenancy for a term certain, one month after the date of the service of the notice.
10
Where a notice under this section is served with respect to a secure tenancy for a term certain, it has effect also with respect to any periodic tenancy arising on the termination of that tenancy by virtue of section 86
FAQ
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No Service & Faulty Notices
What could happen as a result?
What happens if Notice was not served?
As outlined in S.83ZA(2) Housing Act 1985: The court must not entertain the proceedings unless the landlord has served on the tenant a notice under this section.
What happens if the Landlord does not meet one or more of the Notice Requirements?
The notice must be in a prescribed form or in a form substantially to the same effect.
‘Substantially to the same effect’
A) A notice completed incorrectly may be held to be substantially to the same effect as a properly completed notice
b) Whether a notice that is completed incorrectly is deemed as substantially to the same effect will depend on the nature of the error.
Judicial Guidance on the issue
A notice should be interpreted on the basis of how it would be understood by the recipient – Pease v Carter [2020] EWCA Civ 175