Q&As

In a section 8 notice under the Housing Act 1988, Part 3 of the notice requires that you ‘Give the full text (as set out in the Housing Act 1988 (as amended)) of each ground which is being relied on.’ Is this a strict requirement whereby even a non-substantive deviation from the wording would invalidate the notice?

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Published on LexisPSL on 25/09/2018

The following Property Disputes Q&A provides comprehensive and up to date legal information covering:

  • In a section 8 notice under the Housing Act 1988, Part 3 of the notice requires that you ‘Give the full text (as set out in the Housing Act 1988 (as amended)) of each ground which is being relied on.’ Is this a strict requirement whereby even a non-substantive deviation from the wording would invalidate the notice?

In a section 8 notice under the Housing Act 1988, Part 3 of the notice requires that you ‘Give the full text (as set out in the Housing Act 1988 (as amended)) of each ground which is being relied on.’ Is this a strict requirement whereby even a non-substantive deviation from the wording would invalidate the notice?

A section 8 notice has to be in the form prescribed by statutory regulations under section 8(3) of the Housing Act 1988 (HA 1988) and HA 1988, s 45(1).

The relevant statutory regulations are the Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2015, SI 2015/620, in respect of which the effect of regulations 2 and 3 is that the section 8 notice must be served in the prescribed form at Form 3 of the Schedule, or in a form substantially to the same effect.

In the Court of Appeal case of Mountain v Hastings, in giving judgment Ralph Gibson LJ stated that:

‘As to the submission that the notice was defective because ground 8 was not specified by the full text of that ground as set out in Schedule 2, I do not decide this issue upon that basis. I prefer the view that the ground in Schedule 2 may validly be “specified in the notice” as required by Parliament, in words different from those in which the ground is

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