Housing Act 1985

[F2 83 Proceedings for possession or termination: [F1 general] notice requirements. E+W

(1) The court shall not entertain [F3 proceedings to which this section applies] unless—

(a) the landlord has served a notice on the tenant complying with the provisions of this section, or

(b) the court considers it just and equitable to dispense with the requirement of such a notice.

[F4 (A1) This section applies in relation to proceedings for an order mentioned in section 82(1A) other than—

(a) proceedings for possession of a dwelling-house under section 84A (absolute ground for possession for anti-social behaviour), including proceedings where possession is also sought on one or more of the grounds set out in Schedule 2, or

(b) proceedings for possession of a dwelling-house under section 107D (recovery of possession on expiry of flexible tenancy).]

(2) A notice under this section shall—

(a) be in a form prescribed by regulations made by the Secretary of State,

(b) specify the ground on which the court will be asked to make [F5 the order] and

(c) give particulars of that ground.

[F6 (3) Where the tenancy is a periodic tenancy and the ground or one of the grounds specified in the notice is Ground 2 in Schedule 2 (nuisance or other anti-social behaviour), the notice—

(a) shall also—

(i) state that proceedings for the possession of the dwelling-house may be begun immediately, and

(ii) specify the date sought by the landlord as the date on which the tenant is to give up possession of the dwelling-house, and

(b) ceases to be in force twelve months after the date so specified.]

(4) [F7 Where the tenancy is a periodic tenancy and Ground 2 in Schedule 2 is not specified in the notice,][F7 If the proceedings are for an order for the possession of a dwelling-house (and Ground 2 in Schedule 2 is not specified in the notice),] the notice—

(a) shall also specify the date after which proceedings for the possession of the dwelling-house may be begun, and

(b) ceases to be in force twelve months after the date so specified.

[F8 (4A) If the proceedings are for a demotion order under section 82A the notice—

(a) must specify the date after which the proceedings may be begun;

(b) ceases to be in force twelve months after the date so specified.]

[F9 (4B) The date specified in accordance with subsection (4)—

(a) must not be earlier than—

(i) in relation to a dwelling-house in England, the relevant notice period after the date of service of the notice, and

(ii) in relation to a dwelling-house in Wales—

(aa) four weeks after the date of service of the notice where Ground 2A in Schedule 2 is specified without any other ground, and

(ab) where sub-paragraph (aa) does not apply, six months after the date of service of the notice, and

(b) in a case where the tenancy is a periodic tenancy, must also not be earlier than 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 date as the notice under this section.

(4C) In subsection (4B) “relevant notice period” means—

(a) where any one or more of the following grounds is specified in the notice—

(i) Ground 1 in Schedule 2 and at the time the notice is served at least four months' rent is unpaid, or

(ii) Grounds 2ZA, 2A or 5 in Schedule 2,

and no other ground is specified, four weeks,

(b) where paragraph (a) does not apply and Ground 1 in Schedule 2 is specified in the notice (and no other ground is specified) and at the time the notice is served less than four months’ rent is unpaid, if the notice is served on or after 1 August 2021, two months, and

(c) where paragraphs (a) and (b) do not apply, four months.]

(5) The date specified in accordance with [F10 subsection (3) [F11 (4) or (4A)]] [F10 subsection (4A)] must not be earlier than 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 date as the notice under this section.

(6) 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; and [F12 subsections (3) to (5)] [F12 subsections (4B)(b) and (5)] of this section do not apply to the notice.

(7) Regulations under this section shall be made by statutory instrument and may make different provision with respect to different cases or descriptions of case, including different provision for different areas.]

Textual Amendments

F1 Word in s. 83 heading 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. 7(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(ii)

F2 Ss. 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.)

F3 Words in s. 83(1) 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. 7(4) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(ii)

F4 S. 83(A1) 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. 7(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 2(h); S.I. 2014/2830, art. 2(g)(ii)

F5 Words in s. 83(2)(b) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F6 S. 83(3) omitted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(a) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2)

F7 Words in s. 83(4) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(b) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2)(4)(a) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by (S.I. 2020/1044, regs. 1(2), 3, 6(2), 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2)

F8 S. 83(4A) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I.2005/1225, art. 2(b)

F9 S. 83(4B) inserted (temp.) (26.3.2020) and s. 83(4C) inserted (temp.) (28.8.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(c) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2)(4)(b) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 6(3)(a), 7 (with reg. 17); and amended: (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2)(3), 2(2)(5) (with reg. 3); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2)

F10 Words in s. 83(5) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(d) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2)

F11 Words in s. 83(5) substituted (30.6.2004 for E. and 30.9.2004 for specified purposes for W. and otherwise 30.4.2005 for W.) by Anti-social Behaviour Act 2003 (c. 38), ss. 14(1), 93; S.I. 2004/1502, art. 2(a)(iii) (subject to Sch.); S.I. 2004/2557, art. 2(a)(ii) (subject to Sch.); S.I. 2005/1225, art. 2(b)

F12 Words in s. 83(6) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 3(e) (with ss. 88-90) (as amended and part suspended (E.) (28.8.2020) by S.I. 2020/914, regs. 1(2), 2(a), 3(2) (with reg. 4); and amended and part suspended (W.) (29.9.2020) by S.I. 2020/1044, regs. 1(2), 3, 7 (with reg. 17); and amended (31.3.2021) by S.I. 2021/284, regs. 1(2), 2 and S.I. 2021/377, regs. 1(2), 2; (E.) (1.6.2021) by S.I. 2021/564, regs. 1(2), 2(2); (W.) (30.6.2021) by S.I. 2021/708, regs. 1(2), 2; and (W.) (30.9.2021) by S.I. 2021/1064, regs. 1(2), 2)