Updated prescribed wording for notices seeking possession of assured and secure tenancies
The Ministry of Housing, Communities & Local Government have today (26 March 2020) updated the prescribed wording of the notices which are to be used in relation to seeking possession of assured and secure tenancies.
This follows on from our article regarding the moratorium in respect of possession proceedings announced by the governmnet recently and contained in the Coronavirus Act 2020, which can be found here.
With regards to assured tenancies, which are governed by the Housing Act 1988, the update includes;
- the Form 3 Notice Seeking Possession used where a landlord is seeking to recover possession of an assured tenancy on one of the grounds for possession listed in Schedule 2 to the Housing Act 1988; and
- the Form 6A Notice Seeking Possession where a landlord is seeking to recover possession of a property let on an assured shorthold tenancy.
With regards to secure tenancies which are governed by the Housing Act 1985 the update includes:
- the Notice of Seeking Possession where a landlord is seeking possession on one of the grounds in Schedule 2 to the Housing Act 1985 and notice is served pursuant to Section 83 of the Housing Act 1985;
- the Notice of Seeking Termination of Tenancy and Recovery of Possession of a secured fixed term tenancy.
It is imperative that any Notices which are served on or after 26 March 2020 comply with the requirements of the Coronavirus Act 2020 and give at least three months' notice as required by the Coronavirus Act 2020.
Landlords should appreciate if they fail to serve the correct form of notice it may invalidate any legal action taken relying on it.