[F183A Additional requirements in relation to certain proceedings for possession.E+W
(1)Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.
(2)Where—
(a)a notice under section 83 [F2or 83ZA] has been served on a tenant, and
(b)a date after which proceedings may be begun has been specified in the notice in accordance with [F3section 83(4)(a) or section 83ZA(9)(a)],
the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.
(3)Where—
(a)the ground or one of the grounds specified in a notice under section 83 [F4or 83ZA] is Ground 2A in Schedule 2 (domestic violence), and
(b)the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house,
the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner.
This subsection has effect subject to subsection (5).
(4)Where—
(a)Ground 2A in Schedule 2 is added to a notice under section 83 [F5or 83ZA ] with the leave of the court after proceedings for possession are begun, and
(b)the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings,
the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner.
This subsection has effect subject to subsection (5).
(5)Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in [F6a notice] under section 83 [F7or a notice is served under section 83ZA], the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.
(6)A notice under this subsection shall—
(a)state that proceedings for the possession of the dwelling-house have begun,
(b)specify the ground or grounds on which possession is being sought, and
(c)give particulars of the ground or grounds.]
Textual Amendments
F1Ss. 83, 83A substituted for s. 83 (1.10.1996 for specified purposes and 4.2.1997 otherwise) by 1996 c. 52, s. 147(1); S.I. 1996/2402, art. 4; S.I. 1997/66, art. 2 (subject to savings in Sch.)
F2Words in s. 83A(2)(a) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 8(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iii)
F3Words in s. 83A(2)(b) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 8(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iii)
F4Words in s. 83A(3)(a) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 8(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iii)
F5Words in s. 83A(4)(a) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 8(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iii)
F6Words in s. 83A(5) substituted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 8(6)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iii)
F7Words in s. 83A(5) inserted (20.10.2014 for E., 21.10.2014 for W.) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1)(2)(c)(3)(c), Sch. 11 para. 8(6)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(iii)