New form of notice of seeking possession to be used from 1 December 2016

It is essential that all landlords use the new form of Notice of Seeking Possession with effect from 1 December 2016. The new form of Notice can be accessed here.

The change has been brought about by the Assured Tenancies and Agricultural Occupancies (Forms)(England)(Amendment No 2) Regulations 2016 which comes into force on 1 December.

The text of the Notice has been amended to make reference to reflect the new ground for possession under section 8 of the Housing Act 1988 (ground 7B) which was introduced by section 41 of the Immigration Act 2016. This ground entitles a landlord to seek possession when the tenant is occupying tenants premises unlawfully on immigration grounds.

The new Notice makers it clear that unlike many of the other grounds, ground 7B can be relied on by a landlord to seek possession during the fixed term even if the tenancy even if the terms of the tenancy do not make provision for this to happen.

It is essential that all landlords use the new form of Notice with effect from 1 December 2016 so that notices that are served are compliant and to prevent possession proceedings being struck out unnecessarily.