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?

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 set out in the schedule, provided that the words used set out fully the substance of the ground so that the notice is adequate to achieve the legislative purpose of the provision. That purpose, in my judgment, is to give to the tenant the information which the provision requires to be given in the notice to

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