Section 83A — Housing Act 1985: Additional requirements in relation to certain proceedings for possession.

Additional requirements in relation to certain proceedings for possession. 83A 1 Where a notice under section 83 has been served on a tenant containing the information mentioned in subsection (3)(a) of that section, the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun at a time when the notice is still in force.

2 Where—

a a notice under section 83 or 83ZA has been served on a tenant, and b a date after which proceedings may be begun has been specified in the notice in accordance with section 83(4)(a) or section 83ZA(9)(a) , the court shall not entertain proceedings for the possession of the dwelling-house unless they are begun after the date so specified and at a time when the notice is still in force.

3 Where—

a the ground or one of the grounds specified in a notice under section 83 or 83ZA is Ground 2A in Schedule 2 (domestic violence),

and b the partner who has left the dwelling-house as mentioned in that ground is not a tenant of the dwelling-house, the court shall not entertain proceedings for the possession of the dwelling-house unless it is satisfied that the landlord has served a copy of the notice on the partner who has left or has taken all reasonable steps to serve a copy of the notice on that partner. This subsection has effect subject to subsection (5).

4 Where—

a Ground 2A in Schedule 2 is added to a notice under section 83 or 83ZA with the leave of the court after proceedings for possession are begun, and b the partner who has left the dwelling-house as mentioned in that ground is not a party to the proceedings, the court shall not continue to entertain the proceedings unless it is satisfied that the landlord has served a notice under subsection (6) on the partner who has left or has taken all reasonable steps to serve such a notice on that partner. This subsection has effect subject to subsection (5).

5 Where subsection (3) or (4) applies and Ground 2 in Schedule 2 (nuisance or other anti-social behaviour) is also specified in a notice under section 83 or a notice is served under section 83ZA , the court may dispense with the requirements as to service in relation to the partner who has left the dwelling-house if it considers it just and equitable to do so.

6 A notice under this subsection shall—

a state that proceedings for the possession of the dwelling-house have begun, b specify the ground or grounds on which possession is being sought, and c give particulars of the ground or grounds.