Step 1
Notice Requirements
Ground S.84
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
Use the checklist below
Type of Notice required
Notice of Seeking Possession (S.83 Housing Act 1985)
Type of Notice required
Notice of Seeking Possession (S.83 Housing Act 1985)
The notice must state that the court will be asked to make an order under section 84A for the possession of the dwelling-house
This notice must have been served: Notice of seeking possession - Housing Act 1985 s.83
The notice must state that the court will be asked to make an order under section 84A for the possession of the dwelling-house
This notice must have been served: Notice of seeking possession - Housing Act 1985 s.83
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)
The Landlord can serve notice on any date.
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)
The Landlord can serve notice on any date.
The notice must inform 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.
This notice must state the Grounds under which possession is claimed and the corresponding reasons.
The notice must inform 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.
This notice must state the Grounds under which possession is claimed and the corresponding reasons.
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.
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.
A notice which states that the landlord proposes to rely upon Condition 1, 3 or 5 in section 84A, must:
a) must also state the conviction on which the landlord proposes to rely
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.
A notice which states that the landlord proposes to rely upon Condition 1, 3 or 5 in section 84A, must:
a) must also state the conviction on which the landlord proposes to rely
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.
A notice which states that the landlord proposes to rely upon Condition 2 in section 84A, must:
a)must also state the finding on which the landlord proposes to rely
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.
A notice which states that the landlord proposes to rely upon Condition 2 in section 84A, must:
a)must also state the finding on which the landlord proposes to rely
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.
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.
The notice must outline when the landlord requires the tenant to leave the property.
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.
The notice must outline when the landlord requires the tenant to leave the property.
The Date from which possession proceedings may begin
The notice:
(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.
The Date from which possession proceedings may begin
The notice:
(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.
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
If there are joint tenants, the notice should be addressed to all tenants
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
If there are joint tenants, the notice should be addressed to all tenants
FAQ
FAQ
Failed Service or Invalid Notice
Still have questions? We've got answers.
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 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?
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
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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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.