Housing Act 1996

[F1 143E Notice of proceedings for possession E+W

(1) Proceedings for possession of a dwelling-house let under a demoted tenancy must not be brought unless the landlord has served on the tenant a notice of proceedings under this section.

(2) The notice must—

(a) state that the court will be asked to make an order for the possession of the dwelling-house;

(b) set out the reasons for the landlord’s decision to apply for the order;

(c) specify the date after which proceedings for the possession of the dwelling-house may be begun;

(d) inform the tenant of his right to request a review of the landlord’s decision and of the time within which the request must be made.

[F2 (3) The date specified under subsection (2)(c) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.]

[F2 (3) The date specified under subsection (2)(c)—

(a) must not be earlier than the end of the period of—

(i) in relation to a dwelling-house in England, the relevant notice period beginning with the date on which the notice of proceedings is served, and

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

(aa) four weeks beginning with the date on which the notice of proceedings is served where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), and

(ab) in any other case, six months from the date on which the notice of proceedings is served, and

(b) must not be earlier than the date on which the tenancy could (apart from this Chapter) be brought to an end by notice to quit given by the landlord on the same date as the notice of proceedings.]

(4) The court must not entertain proceedings begun on or before the date specified under subsection (2)(c).

(5) The notice must also inform the tenant that if he needs help or advice—

(a) about the notice, or

(b) about what to do about the notice,

he must take the notice immediately to a Citizen’s Advice Bureau, a housing aid centre, a law centre or a solicitor.

[F3 (6) In this section—

• “relevant notice period” means—

  (a)

  where the landlord has specified in the notice of proceedings an ASB reason for applying for a possession order (whether or not the landlord has any other reason), four weeks,

  (aa)

  where paragraph (a) does not apply and the landlord has specified in the notice of proceedings a reason for applying for a possession order which corresponds to Ground 5 of Schedule 2 to the Housing Act 1985 (whether or not the landlord has any other reason), four weeks

  (b)

  where paragraphs (a) and (aa) do not apply and the landlord has specified in the notice of proceedings only a reason for applying for a possession order which corresponds to Ground 1 of Schedule 2 to the Housing Act 1985 and at the time the notice is served —

  (i)

  at least four months’ rent is unpaid, four weeks,

  (ii)

  less than four months’ rent is unpaid, and the notice is served on or after 1 August 2021, two months, and

  (c)

  in any other case, four months;

• “ASB reason” means, in relation to a dwelling-house in England, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2, 2ZA and 2A of Schedule 2 to that Act and, in relation to a dwelling-house in Wales, a reason which corresponds to any of those set out in section 84A(3) to (7) of the Housing Act 1985 or Grounds 2 and 2A of Schedule 2 to that Act.]]

Textual Amendments

F1 Pt. 5 Ch. 1A inserted (30.6.2004 for E., 30.9.2004 for W. for specified purposes, 30.4.2005 for W. so far as not already in force) by Anti Social Behaviour Act 2003 (c. 38), s. 93, Sch. 1 para. 1; S.I. 2004/1502, art. 2(a)(iii); S.I. 2004/2557, art. 2(a)(ii); S.I. 2005/1225, art. 2(b)

F2 S. 143E(3) substituted (temp.) (26.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 29 paras. 1, 9(a) (with ss. 88-90) (as amended: (E.) (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(2)(9)(a)(b) (with reg. 4); (W.) (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 3, 12(2) (with reg. 17); and (31.3.2021) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021 (S.I. 2021/284), regs. 1(2), 2 and The Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (Wales) Regulations 2021 (S.I. 2021/377), regs. 1(2), 2; and (W.) (30.6.2021) by The Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (No. 2) (Wales) Regulations 2021 (S.I. 2021/708), regs. 1(2), 2)

F3 S. 143E(6) inserted (temp.) by virtue of Coronavirus Act 2020 (c. 7), Sch. 29 paras. 1, 9(b) (as inserted (E.) (28.8.2020) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020 (S.I. 2020/914), regs. 1(2), 3(2)(9)(c) (with reg. 4) and as amended: (W.) (29.9.2020) by The Coronavirus Act 2020 (Residential Tenancies Protection from Eviction) (Wales) Regulations 2020 (S.I. 2020/1044), regs. 1(2), 3, 12(3) (with reg. 17); (31.3.2021) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2021 (S.I. 2021/284), regs. 1(2), 2 and The Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (Wales) Regulations 2021 (S.I. 2021/377), regs. 1(2), 2; and (E.) (1.6.2021) by The Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) (No. 2) Regulations 2021 (S.I. 2021/564), regs. 1(2)(3), 2(2)(10) (with reg. 3); and (W.) (30.6.2021) by The Coronavirus Act 2020 (Residential Tenancies: Extension of Period of Protection from Eviction) (No. 2) (Wales) Regulations 2021 (S.I. 2021/708), regs. 1(2), 2)