PART IISECURE TENANTS

CHAPTER IISECURITY OF TENURE AND RIGHTS OF SECURE TENANTS

Secure tenancies

F1Proceedings for possession: notice requirements28

1

The court shall not entertain proceedings for the possession of a dwelling-house let under a secure tenancy unless—

a

the landlord has served a notice on the tenant complying with the provisions of this Article, or

b

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

2

A notice under this Article shall—

a

be in a form prescribed by regulations made by the Department,

b

specify the ground on which the court will be asked to make an order for the possession of the dwelling-house, and

c

give particulars of that ground.

3

Where the ground or one of the grounds specified in the notice is Ground 2 in Schedule 3 (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

Where Ground 2 in Schedule 3 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.

5

The date specified in accordance with paragraph (3) or (4) 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 Article.