NOTICE SEEKING POSSESSION OF A PROPERTY LET ON AN ASSURED TENANCY OR AN ASSURED AGRICULTURAL OCCUPANCY
Housing Act 1988, section 8, as amended — Form 3
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1. To the Tenant(s) or Licensee(s)
To: ________
Of (address of the tenant(s) or licensee(s)): ________
[Name and address of every tenant or licensee must be given. Where there is more than one tenant, the notice should be addressed to all of them.]
2. Property to Which This Notice Relates
Your landlord or licensor intends to seek possession of: ________
[Give the full address of the dwelling-house to which the notice relates.]
3. Grounds for Possession Relied Upon
Your landlord or licensor intends to seek possession on the following ground(s) in Schedule 2 to the Housing Act 1988, which read(s):
[Indicate below each ground being relied upon by inserting an “X” or the word “Yes” in the “Relied on” field, and set out the full text of each ground relied upon in the space provided. The full text of each ground must be given exactly as it appears in Schedule 2 to the Housing Act 1988. Whether a ground is mandatory or discretionary affects the notice period and the powers of the court.]
| Ground | Description (summary) | Type | Relied on | Full text of the ground |
|---|
| Ground 8 | Serious rent arrears — both at the date of the notice and at the date of the hearing | Mandatory | ________ | ________ |
| Ground 10 | Some rent lawfully due is unpaid at the date of the notice and when proceedings are begun | Discretionary | ________ | ________ |
| Ground 11 | Persistent delay in paying rent that has become lawfully due | Discretionary | ________ | ________ |
| Ground 12 | Breach of an obligation of the tenancy (other than payment of rent) | Discretionary | ________ | ________ |
| Ground 13 | Deterioration of the dwelling-house or common parts due to the tenant’s neglect or default | Discretionary | ________ | ________ |
| Ground 14 | Nuisance, annoyance, or illegal/immoral use — anti-social behaviour by the tenant or visitor | Discretionary | ________ | ________ |
| Ground 14A | Domestic violence — one partner has left and is unlikely to return (social landlords) | Discretionary | ________ | ________ |
| Other ground(s) | Any other Schedule 2 ground(s) relied upon (specify) | ________ | ________ | ________ |
4. Explanation of Why Each Ground Applies
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________
[Continue on a separate sheet if necessary and attach it to this notice. The court will need to be satisfied of the ground(s) and, in the case of a discretionary ground, that it is reasonable to make an order for possession.]
5. Earliest Date on Which Court Proceedings Can Be Begun
The landlord or licensor will not begin court proceedings for possession earlier than: ________
Note: The notice period varies according to the ground(s) relied upon.
- Where the notice relies (in whole or in part) on Ground 8, 10 or 11 (rent arrears grounds), court proceedings cannot begin earlier than the applicable statutory notice period after service of this notice.
- Where the notice relies on Ground 14 (nuisance or anti-social behaviour), court proceedings may be begun immediately after service of this notice, though the notice must still be served.
- Where other grounds are relied upon, a longer notice period may apply. You should insert the latest date that produces a valid notice period for the ground(s) relied upon.
Insert the notice period being given (state the number of weeks/months and the ground(s) to which it relates): ________
After the date shown in this section, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served on you.
6. Name, Address and Signature
This notice is served by:
Name of landlord/licensor (or agent): ________
I am the [landlord] / [licensor] / [joint landlords] / [agent] (delete/complete as appropriate): ________
Address of landlord/licensor (or agent): ________
Telephone (daytime): ________
Telephone (evening): ________
Signed: ________
Date: ________
[If signed by an agent, the name and address of the landlord or licensor must also be given.]
Name and address of the landlord or licensor (if this notice is signed by an agent): ________
What to Do If This Notice Is Served on You
- This notice is the first step towards requiring you to give up possession of the dwelling. You should read it carefully.
- Your landlord cannot make you leave your home without an order for possession issued by a court. You do not have to leave simply because you have received this notice. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave.
- If you need advice about this notice, and what you should do about it, take it as soon as possible to a Citizens Advice Bureau, a housing advice centre, a law centre, or a solicitor.
- The court proceedings will not begin until after the date shown in section 5. After that date, court proceedings may be begun at once but not later than 12 months from the date on which this notice is served on you. If those proceedings result in the court ordering you to give up possession, you may have to pay the landlord’s costs as well as your own.
- This notice is only valid for 12 months. If proceedings are not begun within 12 months of the date of service, a fresh notice must be served before possession can be sought.
Notes on Service
- This notice must be served on the tenant(s) or licensee(s) before court proceedings for possession are begun.
- The date of service is the date on which the notice is received by, or is deemed under the terms of the tenancy or by law to have been received by, the tenant(s).
- Keep a copy of this notice and a record of how and when it was served, as you may need to prove service to the court.