Forms for seeking possession of secure tenancies.
The Housing Act 1985 sets out the rules that apply to secure tenancies. These are the type of residential tenancy agreements used by local authorities in their own properties.
Local authorities who wish to seek possession of a property under section 83 of the Act, must give the tenant notice by using a form, called a ‘prescribed form’. The wording in the prescribed form has been carefully drafted to ensure that the person completing the form and the person on whom it is served understand what is being proposed and what they should do in response. Failure to serve the correct form may invalidate the action that is being proposed.
The prescribed forms that apply to secure tenancies have been changed to reflect the changes to possession procedures in the Coronavirus Act 2020. The amended forms now make it clear that court proceedings cannot begin earlier than 3 months from the date the notice is served.
Part I Notice of Seeking Possession, s.83 of the Housing Act 1985
This form should be used by landlords where possession of accommodation let under a secure periodic tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1985.
Part II Notice of Seeking Termination of Tenancy and Recovery of Possession, s83 of the Housing Act 1985
This form should be used by landlords where: * possession of accommodation let under a secure fixed term tenancy is sought on one of the grounds in Schedule 2 to the Housing Act 1985 * the tenancy contains a provision which allows the landlord to bring it to an end before the fixed term expires